The Reopening of the American Mind: On Skepticism and Constitutionalism

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Rodopi, 1998 - Social Science - 274 pages
The Reopening of the American Mind: On Skepticism and Constitutionalism explores the connection of moderate skepticism with attachment to constitutionalism through the thought of five writers. The features of this skepticism were concisely delineated by James Madison in the 37th Federalist as a recognition of the complexity of political matters, the limitations of human reason, and the shortcomings of language. The position was first articulated by Cicero who connected it with the idea of a mixed or republican constitution developed by trial and error over generations. Cicero was influential in the world of David Hume, Edmund Burke, and Madison. The skeptical/constitutional connection found its most articulate recent advocate in Supreme Court Justice Felix Frankfurter and underlay his advocacy of judicial restraint.
Current events have revived interest in the primacy of the legislative branch in balancing interests and rights, in the States as laboratories for democracy, and in an experimental approach to the solution of social problems in what might be called a reopening of the American mind.
The five central chapters explore the skeptical/constitutional connection and the spirit of moderation in these political thinkers. Without an appreciation of this tradition of avoiding dogmatism, people will continue to demand simple answers to complex problems. The book is not, however, primarily a tract for the times but a reflection on the on-going search for a more civil world.
 

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Contents

EDITORIAL FOREWORD by Robert Ginsberg ix
11
Stipulations About the United States Constitution
14
Ciceros Academic Philosophy
28
The Legal and Political Dialogues
53
Other Works
89
Livingston
102
Language and Meaning
115
Reason in Sickness and in Health
132
The Flag Salute Cases
175
Democracy
184
Legal Reasoning
191
Due Process
201
Exemplars
207
Conclusion
216
Bibliographical and Critical Appendix
218
POSTSCRIPTS
221

FELIX FRANKFURTER
135
The Status of Frankfurter
139
Biographical Sketch
142
The Canonical Figures
151
The Harvard Publications and Their Applications
159
NOTES
231
BibliographY
251
ABOUT THE AUTHOR
267
INDEX
269
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