James R Stoner
Biographic Data
| ID | 4123919 |
|---|---|
| NAME | James R Stoner |
| GIVEN NAMES | James R |
| FAMILY NAME | Stoner |
| SIGNATURE | STONER J R |
| AFFILIATIONS | Louisiana State University |
| VERIFIED | No |
| TOTAL WORKS | 11 |
| TOTAL CITATIONS | 3 |
| AUTHOR COUNT | 11 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1992 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 1 |
Interpretation and Change
Nationalism, Culture, and Higher Education
(Why) Did Reconstruction Fail? Legislating and Constitutionalizing Civil Rights
The Thirty-ninth Congress, which was elected in November 1864 and began its first session in December 1865, undertook three tasks: to restore the Union after the Civil War, to amend the Constitution to ensure citizenship to the freedmen, and to legislate federal guarantees for their civil rights. Considering the political constraints of their situation—a hostile President and intransigence in many of the states of the former Confederacy—this essa…
Can American Courts Respect Religious Reasoning
In 1977, legal philosopher Ronald Dworkin published Taking Rights Seriously , and it quickly received wide notice. At the time recently appointed H.L.A. Hart's 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, …
The Political Science of Constitutional Resistance
“What do you do when the Supreme Court is wrong?” That question formed the title of a 1979 article in the Public Interest by the late Senator (and political scientist) Daniel Patrick Moynihan, and it resonates today across the political spectrum, as serious criticism of Supreme Court decisions can be found on both Left and Right. Of course if the Supreme Court has supreme authority over the meaning of the Constitution, then either it is incoheren…
The “Naked” University: What if Theology is Knowledge, Not Belief
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,…
Republics Ancient and Modern: Classical Republicanism and the American Revolution
Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism
Journal Article Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism. By James R. Stoner, Jr. (Lawrence: University Press of Kansas, 1992. viii + 287 pp. $35.00, ISBN 0-7006-0532-0.) Get access William J. Novak William J. Novak University of Chicago, Chicago, Illinois Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 80, Issue 2, September 1993, Pages…
Common Law and Constitutionalism in the Abortion Case
The Supreme Court's 1992 abortion decision, Planned Parenthood v. Casey, an the Due Process liberty cases of which it is among the most recent, can be fully understood only by attention to the often-neglected common law dimension of American constitutionalism. The fracture on the Court in this line of cases follows a severing of two elements of common law adjudication: the rule of precedent, on the one hand, and the authority of tradition, on the…
Religious Liberty & Common Law: Free Exercise Exemptions & American Courts
The U.S. Supreme Court, in recent Free Exercise and Establishment cases, seems to ground its decisions in the theory of political liberalism. This article, however, argues that the American tradition of religious liberty and its judicial protection must be understood not only in the context of liberalism but also in light of the common law heritage of American constitutionalism. The author concludes by examining an 1813 New York case in which fre…
Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism
Republics Ancient and Modern: Classical Republicanism and the American Revolution
Common Law and Constitutionalism in the Abortion Case
The Supreme Court's 1992 abortion decision, Planned Parenthood v. Casey, an the Due Process liberty cases of which it is among the most recent, can be fully understood only by attention to the often-neglected common law dimension of American constitutionalism. The fracture on the Court in this line of cases follows a severing of two elements of common law adjudication: the rule of precedent, on the one hand, and the authority of tradition, on the…
Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism
Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism
Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism
Journal Article Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism. By James R. Stoner, Jr. (Lawrence: University Press of Kansas, 1992. viii + 287 pp. $35.00, ISBN 0-7006-0532-0.) Get access William J. Novak William J. Novak University of Chicago, Chicago, Illinois Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 80, Issue 2, September 1993, Pages…
Common Law and Constitutionalism in the Abortion Case
The Supreme Court's 1992 abortion decision, Planned Parenthood v. Casey, an the Due Process liberty cases of which it is among the most recent, can be fully understood only by attention to the often-neglected common law dimension of American constitutionalism. The fracture on the Court in this line of cases follows a severing of two elements of common law adjudication: the rule of precedent, on the one hand, and the authority of tradition, on the…
Religious Liberty & Common Law: Free Exercise Exemptions & American Courts
The U.S. Supreme Court, in recent Free Exercise and Establishment cases, seems to ground its decisions in the theory of political liberalism. This article, however, argues that the American tradition of religious liberty and its judicial protection must be understood not only in the context of liberalism but also in light of the common law heritage of American constitutionalism. The author concludes by examining an 1813 New York case in which fre…
Republics Ancient and Modern: Classical Republicanism and the American Revolution
The Political Science of Constitutional Resistance
“What do you do when the Supreme Court is wrong?” That question formed the title of a 1979 article in the Public Interest by the late Senator (and political scientist) Daniel Patrick Moynihan, and it resonates today across the political spectrum, as serious criticism of Supreme Court decisions can be found on both Left and Right. Of course if the Supreme Court has supreme authority over the meaning of the Constitution, then either it is incoheren…
The “Naked” University: What if Theology is Knowledge, Not Belief
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,…
Can American Courts Respect Religious Reasoning
In 1977, legal philosopher Ronald Dworkin published Taking Rights Seriously , and it quickly received wide notice. At the time recently appointed H.L.A. Hart's 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, …
(Why) Did Reconstruction Fail? Legislating and Constitutionalizing Civil Rights
The Thirty-ninth Congress, which was elected in November 1864 and began its first session in December 1865, undertook three tasks: to restore the Union after the Civil War, to amend the Constitution to ensure citizenship to the freedmen, and to legislate federal guarantees for their civil rights. Considering the political constraints of their situation—a hostile President and intransigence in many of the states of the former Confederacy—this essa…
Nationalism, Culture, and Higher Education
Interpretation and Change
Political science (11 works) · Law (9 works) · American Constitutional Law and Politics (8 works) · Sociology (8 works) · Politics (7 works) · Philosophy (6 works) · Law (5 works) · Constitutionalism (4 works) · Democracy (4 works) · Judicial and Constitutional Studies (4 works)