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    The Nature of Rights at the American Founding and Beyond (Constitutionalism and Democracy) (Hardback) Edited by Barry Alan Shain, Contributions by Akhil Reed Amar, Contributions by James H. Hutson, Contributions by Stephen Macedo, Contributions by Richard A. Primus, Contributions by Jack N. Rakove, Contributions by John Phillip Reid, Contributions by Daniel T. Rodgers, Contributions by A. G. Roeber, Contributions by Barry Alan Shain

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    DescriptionAmericans 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 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.


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  • Full bibliographic data for The Nature of Rights at the American Founding and Beyond

    Title
    The Nature of Rights at the American Founding and Beyond
    Authors and contributors
    Edited by Barry Alan Shain, Contributions by Akhil Reed Amar, Contributions by James H. Hutson, Contributions by Stephen Macedo, Contributions by Richard A. Primus, Contributions by Jack N. Rakove, Contributions by John Phillip Reid, Contributions by Daniel T. Rodgers, Contributions by A. G. Roeber, Contributions by Barry Alan Shain
    Physical properties
    Format: Hardback
    Number of pages: 352
    Width: 163 mm
    Height: 239 mm
    Thickness: 28 mm
    Weight: 635 g
    Language
    English
    ISBN
    ISBN 13: 9780813926667
    ISBN 10: 0813926661
    Classifications

    BIC geographical qualifier V2: 1KBB
    BIC E4L: POL
    B&T Book Type: NF
    BIC subject category V2: HBJK
    Nielsen BookScan Product Class 3: T7.0
    Ingram Subject Code: LE
    Libri: I-LE
    BIC subject category V2: JPVH
    B&T General Subject: 430
    Warengruppen-Systematik des deutschen Buchhandels: 17780
    BISAC V2.8: HIS036000, HIS030000
    LC subject heading: ,
    B&T Merchandise Category: UP
    BIC subject category V2: 1KBB
    DC22: 342.73029, 342.7302/9
    BISAC V2.8: LAW018000
    LC subject heading:
    BISAC region code: 4.0.1.0.0.0.0
    LC subject heading:
    LC classification: KF4541 .N38 2007
    Thema V1.0: JPVH, NHK
    Publisher
    University of Virginia Press
    Imprint name
    University of Virginia Press
    Publication date
    15 January 2008
    Publication City/Country
    Charlottesville
    Author Information
    Barry Alan Shain, Associate Professor of Political Science at Colgate University, is the author of The Myth of American Individualism: The Protestant Origins of American Political Thought and Man, God, and Society: An Interpretive History of Individualism.
    Review quote
    "Professor Shain has assembled the leading thinkers on the American Founding. Their essays summarize the best works over the past few years on rights when the Constitution was ratified, and effectively demolish notions that rights today are what rights have always been.--Mark A. GraberUniversity of Maryland, author of "Dred Scott and the Problem of Constitutional Evil"