Reflections On Life Death And The Constitution

The role of law in government has been increasingly scrutinized as courts struggle with controversial topics such as assisted suicide, euthanasia, abortion, capital punishment, and torture. Reflections on Life, Death, and the Constitution explores such issues by using classical standards of morality as a starting point for understanding them. Drawing on works of literature and philosophy, and on U.S. Supreme Court decisions, George Anastaplo examines the intimate relationship between human nature and constitutional law.

The role of law in government has been increasingly scrutinized as courts struggle with controversial topics such as assisted suicide, euthanasia, abortion, capital punishment, and torture. Reflections on Life, Death, and the Constitution explores such issues by using classical standards of morality as a starting point for understanding them. Drawing on works of literature and philosophy, and on U.S. Supreme Court decisions, George Anastaplo examines the intimate relationship between human nature and constitutional law.

In Part One, the uses of divine revelation in the Western world are reviewed by recalling authors that include Euripides, Sophocles, Aristophanes, Plato, Maimonides, Cervantes, Hobbes, and Milton. The challenges posed by such monstrosities as Aztec human sacrifices and the Second World War Holocaust are recalled. In Part Two, the challenges of religion for and by Americans are examined. Documents such as the Declaration of Independence, the Constitution of 1787, and Presidential Farewell Addresses are recalled. The lives and thought of eminent Americans are also recalled (including George Washington, Benjamin Franklin, Thomas Jefferson, and Abraham Lincoln). Recalled as well are such movements as that of the Mormons and that of the “I Am” sect. The implications both for religious developments and for religious orthodox of modern science are investigated. The Appendices reinforce these inquiries by providing reminders of how distinguished commentators and others have tried to deal with critical questions noticed in the Essays of this book.

In this insightful book about constitutional law and slavery, George Anastaplo illuminates both how the history of race relations in the United States should be approached and how seemingly hopeless social and political challenges can be usefully considered through the lens of the U.S. Constitution. He examines the outbreak of the American Civil War, its prosecution, and its aftermath, tracing the concept of slavery and law from its earliest beginnings and slavery's fraught legal history within the United States. Anastaplo offers discussions that bring into focus discussions of slavery in Ancient Greece and within the Bible, showing their influence on the Constitution and the subsequent political struggles that led to the Civil War.

The attitudes and assumptions of different cultures and historical periods toward war and the maintenance of peace are reviewed by recalling authors who include Euripides, Sophocles, Plato, Cervantes, Shakespeare, Hobbes, and Zola. The challenges of war, peace, and national security for and by Americans are examined, and documents such as the Declaration of Independence and the Constitution of 1787. The lives and thought of eminent Americans are also recalled (including George Washington, Thomas Jefferson, Abraham Lincoln, and Franklin Roosevelt), as well as the challenges posed by incidents such as the Dreyfus Affair and monstrosities such as the Second World War Holocaust. The Appendixes reinforce these inquiries by providing critical documents in American history and interviews with a Holocaust survivor.

Governments throughout history have struggled to define the boundaries of the right to freedom of speech. Even though the United States explicitly articulates freedom of speech in the First Amendment to the Constitution, the judicial branch frequently reinterprets the amendment by allowing laws to limit that freedom. In Reflections on Freedom of Speech and the First Amendment, noted legal theorist George Anastaplo details the history and intellectual foundations of freedom of speech, using examples from Socrates, Jesus, and Sir Thomas More to demonstrate how freedom of speech has evolved over centuries. Anastaplo pays particular attention to freedom of speech as it relates to the U.S. Constitution, and he describes potential First Amendment issues, such as cases involving the Internet. Anastaplo provides an in-depth look at a controversial issue, and he defines freedom of speech in precise terms for both scholars and those interested in one of our most cherished rights.

The Christian Heritage: Problems and Prospects delves into the history of the western Christian heritage. Challenges to the Christian heritage, a heritage nourished both by Judaism and by the western classics, have been stimulated by the very success of the way of life that is promoted, a way of life that is somehow responsible for the emergence of modern science with its revolutionary technology. The reader is encouraged to reconsider authors prominent in the religious tradition of the West. Guidance is provided for examinations of the fundamental assumptions and the enduring questions by which Western Civilization has been guided and challenged for millennia. The enduring texts that we in the West repeatedly encounter, especially the most challenging of them, are apt to draw upon, and to illuminate the fundamental assumptions and the enduring questions by which Western Civilization has been guided and challenged for millennia. Vital to Western Civilization has long been the Christian Heritage. That Heritage has been taken for granted in our general education, in something as prosaic as the everyday operations of our legal system, and perhaps even in our economic and other social arrangements.