The Legal Foundations Of Inequality

This book examines the influence of opposing constitutional ideals during the 'founding period' of constitutionalism in the Americas.

The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

This book examines the influence of opposing constitutional ideals during the 'founding period' of constitutionalism in the Americas.

When Congress passed a proposed Equal Rights Amendment to the Constitution in March 1972, a high level of optimism about ratification seemed well warranted. Steiner discusses what went wrong between the initial Congressional passage and the final failure to ratify a decade later. He argues that the accidents of legislative timing and the emergence of unanticipated complications related to disputes over conscription and abortion explain the outcome and also presage continuing trouble for efforts to renew the ERA proposal. While Steiner favors passage as a means to redress Constitutional inequality of women, he also notes the negative economic effects that passage would have on lower income women unable to take advantage of new opportunities. He concludes with an analysis of available alternatives and a proposal for future strategy. ISBN 0-8157-8128-8 : $22.95.

"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.

This book explores the influence of opposing constitutional ideals during the "founding period" of constitutionalism in the Americas. Examining a range of countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela, Roberto Gargarella outlines these views and traces their influence to the present day.

Discourse on the Origin of Inequality Among Men - Jean-Jacques Rousseau - A provocative essay that challenged the superiority of civilized society and modern government, Jean-Jacques Rousseau's Discourse on the Origin and Foundations of Inequality made him an outcast among fellow Enlightenment thinkers but stands today as one of the most important political texts in Western history. Helena Rosenblatt's new translation, introduction, and selection of related documents help students comprehend why Rousseau's criticisms of human nature, political hierarchy, and private property were so controversial in his time yet later were hailed as a foundation of democracy. The introduction explores life experiences that shaped Rousseau's philosophy, explains contemporary ideas about political authority and social order, and guides students through Rousseau's thought, including explanations of how his work anticipated theories about evolution and inspired leaders of the French Revolution. Related primary documents -- including a selection from Rousseau's Social Contract -- situate Rousseau's ideas in contemporary political and social thought. Questions for consideration, a chronology of Rousseau's life and work, and a selected bibliography enrich students' understanding of the man and his times.

A provocative essay that challenged the superiority of civilized society and modern government, Jean-Jacques Rousseau's Discourse on the Origin and Foundations of Inequality made him an outcast among fellow Enlightenment thinkers but stands today as one of the most important political texts in Western history. Helena Rosenblatt's new translation, introduction, and selection of related documents help students comprehend why Rousseau's criticisms of human nature, political hierarchy, and private property were so controversial in his time yet later were hailed as a foundation of democracy. The introduction explores life experiences that shaped Rousseau's philosophy, explains contemporary ideas about political authority and social order, and guides students through Rousseau's thought, including explanations of how his work anticipated theories about evolution and inspired leaders of the French Revolution. Related primary documents -- including a selection from Rousseau's Social Contract -- situate Rousseau's ideas in contemporary political and social thought. Questions for consideration, a chronology of Rousseau's life and work, and a selected bibliography enrich students' understanding of the man and his times.