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  • Book cover of Constitutional Interpretation

    Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly understood. Within such a fusion, interpreters would begin to think of text, consensus, intentions, structures, and doctrines not as alternatives to, but as sites of philosophic reflection about the best understanding of our constitutional commitments. Constitutional Interpretation: The Basic Questions, examines the fundamental inquiries that arise in interpreting constitutional law. In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental institutions and powers be arranged; what does the Constitution mean under general circumstances and how should it be interpreted during concrete controversies; and finally how do we decide what our constitution means and who ultimately decides its meaning.

  • Book cover of Welfare and the Constitution

    Welfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber opposes the shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. Barber contends that no historical, scientific, moral, or metaethical argument can favor today's negative constitutionalism over Madison's positive understanding. He urges scholars to develop a substantive account of constitutional ends for use in critiquing Supreme Court decisions, the policies of elected officials, and the attitudes of the larger public. He defends the philosophical possibility of such theories while also offering a theory of his own as a starting point for the discussion the book will provoke. This theory holds, for example, that voucher schemes which drain resources from secular public schools to schools that would train citizens to submit to religious authority are unconstitutional; First Amendment issues aside, such schemes defeat what is undeniably an element of the "real welfare" of the people, individually and collectively: the capacity to think critically for oneself.

  • Book cover of Constitutional Failure

    Americans err in thinking that while their politics may be ailing, their Constitution is fine. Sick politics is a sure sign of constitutional failure. This is Sotirios Barber’s message in Constitutional Failure. Public attitudes fostered by a consumer culture, constitution worship, the lack of a trusted leadership community, and academic historicism and value skepticism—these, this book tells us in clear and bracing terms, are at the root of our political dysfunction. Barber characterizes the Constitution as a plan of government—a set of means to public purposes like national security and prosperity. He argues that if the government is failing, it’s fair to conclude that the plan is failing and that laws that are supposed to serve as means can’t in reason continue to bind when they no longer work. He argues further that constitutional success depends ultimately on a stratum of diverse and self-critical citizens, who see each other as moral equals and parts of one national community. These citizens, with the politicians among them, would be good-faith contestants regarding the meaning of the common good and the most effective means to secure it. In this way—showing how the success of a constitutional democracy is more a matter of political attitudes than of institutional performance—Barber’s book upends the conventional understanding of constitutional failure. In Barber’s analysis, the apparent stability of formal constitutional institutions—usually interpreted as evidence of constitutional health—may actually indicate the defining element of constitutional failure: a mentally inert citizenry no longer capable of constitutional reflection and reform. At once concise and thorough in its analysis of the concept of constitutional failure and its accounts of a “healthy politics,” the corrosive impact of Madisonian checks and balances (as a substitute for trustworthy leadership), and the outlook for meaningful reform, this book offers a carefully reasoned and provocative assessment of the viability of constitutional governance in the United States.

  • Book cover of The Constitution of Judicial Power

    Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.

  • Book cover of American Constitutional Interpretation
  • Book cover of Pneumatic Handbook
    A. Barber

     · 1997

    Accepted as the standard reference work on modern pneumatic and compressed air engineering, the new edition of this handbook has been completely revised, extended and updated to provide essential up-to-date reference material for engineers, designers, consultants and users of fluid systems.

  • Book cover of On what the Constitution Means
  • Book cover of Modern Architecture and Climate

    How climate influenced the design strategies of modernist architects Modern Architecture and Climate explores how leading architects of the twentieth century incorporated climate-mediating strategies into their designs, and shows how regional approaches to climate adaptability were essential to the development of modern architecture. Focusing on the period surrounding World War II—before fossil-fuel powered air-conditioning became widely available—Daniel Barber brings to light a vibrant and dynamic architectural discussion involving design, materials, and shading systems as means of interior climate control. He looks at projects by well-known architects such as Richard Neutra, Le Corbusier, Lúcio Costa, Mies van der Rohe, and Skidmore, Owings, and Merrill, and the work of climate-focused architects such as MMM Roberto, Olgyay and Olgyay, and Cliff May. Drawing on the editorial projects of James Marston Fitch, Elizabeth Gordon, and others, he demonstrates how images and diagrams produced by architects helped conceptualize climate knowledge, alongside the work of meteorologists, physicists, engineers, and social scientists. Barber describes how this novel type of environmental media catalyzed new ways of thinking about climate and architectural design. Extensively illustrated with archival material, Modern Architecture and Climate provides global perspectives on modern architecture and its evolving relationship with a changing climate, showcasing designs from Latin America, Europe, the United States, the Middle East, and Africa. This timely and important book reconciles the cultural dynamism of architecture with the material realities of ever-increasing carbon emissions from the mechanical cooling systems of buildings and offers a historical foundation for today’s zero-carbon design.

  • Book cover of The Fallacies of States' Rights

    Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.

  • Book cover of Rhetoric in Cicero's Pro Balbo

    This book offers an examination of Cicero's speech, the Pro Balbo, which was delivered during a momentous period of Roman history, in defence of a highly influential political advisor of Caesar who was charged under the lexPapia for an illegal grant of citizenship.