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Featured researches published by James R. Stoner.


The Journal of American History | 1993

Common law and liberal theory : Coke, Hobbes, and the origins of American constitutionalism

James R. Stoner

This work suggests that American constitutionalism is the product of a combination of two opposing schools of thought: the English common-law tradition as exemplified by the work of Edward Coke and early liberal political philosophy as seen in the work of Thomas Hobbes. Stoner addresses the question of what we expect of judges in a political system that rests on popular sovereignty and a legal order committed to the idea of fundamental law.


Theology Today | 2006

The “Naked” University: What if Theology is Knowledge, Not Belief?

James R. Stoner

Through the concept of a “naked public square,” universities, led by schools of law, have sought to purge the American polity of religious influence as thoroughly as university classrooms have been purged of religious knowledge. But even though explicit discourse about God (theology) has been decidedly out of academic fashion, academics today–often under pressure from inquisitive, religiously well-informed students–are positioned to realize that, in order to excel in their own academic fields, they need to be informed about theology more than their graduate training half a generation ago may have led them to expect.


The Review of Politics | 1993

Common Law and Constitutionalism in the Abortion Case

James R. Stoner

a severing of two elements of common law adjudication: the rule of precedent, on the one hand, and the authority of tradition, on the other. The authors of the joint opinion in Casey craft a rationalized rule of precedent in the manner of the modem reinterpreters of the common law, such as Justices Holmes and Cardozo. The dissenters, by contrast, here and in related cases, seek to recover the legal status of tradition in constitutional interpretation.


Harvard Theological Review | 2017

Can American Courts Respect Religious Reasoning

James R. Stoner

In 1977, legal philosopher Ronald Dworkin published Taking Rights Seriously , and it quickly received wide notice. At the time recently appointed H.L.A. Harts successor at Oxford, Dworkin combined jurisprudential analysis with pointed commentary on United States Supreme Court cases, the latter developed principally in essays in the New York Review of Books . Defining law through its aspiration to justice and defining justice in terms of rights, Dworkin argued that judges were entitled to use moral philosophy both to interpret legal rules through the principles they instantiate and to fill in gaps in the law by leveraging general legal concepts into more precise conceptions. Often paired with his contemporary John Rawlss Theory of Justice , Dworkins theory that judges should rework the law when possible to insure “equal concern and respect” was seen to elaborate the practical meaning of Rawlss first principle of justice (equal rights to basic liberties) as well as to boost the activism of judges, whom he encouraged to model “Hercules.”


Archive | 2003

Common Law Liberty: Rethinking American Constitutionalism

James R. Stoner


Archive | 2008

Magnanimity and Statesmanship

Carson Holloway; Paul O. Carrese; Jeffrey Church; Kenneth L. Deustch; James Fetter; Joseph R. Fornieri; Peter Augustine Lawler; Will Morrisey; Walter Nicgorski; James R. Stoner; Geoffrey M. Vaughan; Catherine H. Zuckert


Archive | 2000

Educating the prince : essays in honor of Harvey Mansfield

John Gibbons; Nathan Tarcov; Ralph Hancock; Jerry Weinberger; Paul A. Cantor; Mark Blitz; James W. Muller; Kenneth Weinstein; Clifford Orwin; Arthur M. Melzer; Susan Meld Shell; Peter Minowitz; James R. Stoner; Jeremy Rabkin; David F. Epstein; Charles R. Kesler; Glen E. Thurow; R. Shep Melnick; Jessica Korn; Robert P. Kraynak


Policy Review | 1995

A Madisonian Compromise; Term Limits for the House, but Not the Senate

James R. Stoner


Archive | 2017

Progressivism, Social Science, and Catholic Social Teaching in the Building of the American Welfare State

James R. Stoner; Bradley C.S. Watson


Faulkner Law Review | 2014

From Magna Carta to the Montgomery March: Common Law and Civil Rights

James R. Stoner

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Mark Blitz

Claremont McKenna College

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Michael Lienesch

University of North Carolina at Chapel Hill

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Paul O. Carrese

United States Air Force Academy

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