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Legal Studies

Selected Works

Early Constitution

Publication Year

Articles 1 - 11 of 11

Full-Text Articles in Law

Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner Aug 2013

Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner

Peter J. Aschenbrenner

From the beginning of the nation (October 7, 1777) to the disaster of Dred Scott (March 6, 1857), the United States has produced thirty-two articles worth of constitutioinal text, in 133 constitutional text units, beginning with the Articles of Confederation (opening date noted above). OCL names all the writings and groups them, for the first time.


Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner Aug 2013

Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner

Peter J. Aschenbrenner

From the beginning of the nation to disaster of Dred Scott (March 6, 1857), the United States has produced twenty-one writings which may be grouped as constitutional text units after the Articles of Confederation. OCL names all the writings and groups them, for the first time.


Bentham's Sieve: Restraining Officials And Entities In The Early Constitution, Peter J. Aschenbrenner Feb 2013

Bentham's Sieve: Restraining Officials And Entities In The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Jeremy Bentham’s sieve, tidied up, divides sovereign Shouldstatements into responsibilities and disabilities. Responsibilies are subdivided into commands and permissions. Conditional or contingent statements, dependent as they must be on a future real world, are merely hum-drum expressions of the machinery of governing. A survey of restraints appears from the avalanche of 229 deployments of ‘shall’ in the Early Constitution.


Table Annexed To Article: Bentham's Sieve: Restraining Officials And Entities In The Early Constitution, Peter J. Aschenbrenner Feb 2013

Table Annexed To Article: Bentham's Sieve: Restraining Officials And Entities In The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Jeremy Bentham’s sieve, tidied up, divides sovereign Shouldstatements into responsibilities and disabilities. Responsibilies are subdivided into commands and permissions. Conditional or contingent statements, dependent as they must be on a future real world, are merely hum-drum expressions of the machinery of governing. A survey of restraints appears from the avalanche of 229 deployments of ‘shall’ in the Early Constitution.


Table Annexed To Article: Jeremy Bentham Mocks The Declarations, Peter J. Aschenbrenner Feb 2013

Table Annexed To Article: Jeremy Bentham Mocks The Declarations, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Jeremy Bentham’s sieve, tidied up, divides sovereign Shouldstatements into responsibilities and disabilities. Responsibilies are subdivided into commands and permissions. Conditional or contingent statements, dependent as they must be on a future real world, are merely hum-drum expressions of the machinery of governing. A survey of restraints appears from the avalanche of 229 deployments of ‘shall’ in the Early Constitution.


Table Annexed To Article: Appraisives In The Early Constitution, Peter J. Aschenbrenner Jul 2012

Table Annexed To Article: Appraisives In The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The vocabulary of the federal constitution includes appraisives such as ‘needful’, ‘comfort’ and ‘good.’ These are words employed when the writer is making a value judgment and wants the reader to know that a judgment has been made at the time of the communicative act. In addition, these words can be employed when the writer permits, commands, or prohibits the reader’s conduct in the future. Appraisives used in the Early Constitution are surveyed.


The Joy Of Text And Numbers, Peter J. Aschenbrenner May 2012

The Joy Of Text And Numbers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The text writers of the Philadelphia Constitution divided their product into seven Articles, subdividing five of these Articles into Sections. This presentation was challenged by James Madison in his proposal for a Bill of Rights. What is the deeper understanding of assigning numbers (of one dimension) to text (of two dimensions)?


Table Annexed To Article: Of ‘This’ And ‘That’ In The Early Constitution, Peter J. Aschenbrenner May 2012

Table Annexed To Article: Of ‘This’ And ‘That’ In The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Early Constitution’s deployment of ‘that’ and ‘this’ are surveyed and tabled.


Table Annexed To Article: Color Me 'Not', Peter J. Aschenbrenner May 2012

Table Annexed To Article: Color Me 'Not', Peter J. Aschenbrenner

Peter J. Aschenbrenner

‘Not’ makes thirty-four appearances in the Early Constitution which usages break down into sixteen logical ‘nots’ and eighteen abverbial instances. Results are surveyed.


Table Annexed To Article: Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner May 2012

Table Annexed To Article: Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

A standardized format for presenting machine-readable text is offered. The Early Constitution’s 5,223 words appear without ‘Article,’ ‘Section,’ or other signals. Applications, including Voyant and proprietary programs, are best employed on text presented in such format. This development is explained.


Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner May 2012

Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

A standardized format for presenting machine-readable text is offered. The Early Constitution’s 5,223 words appear without ‘Article,’ ‘Section,’ or other signals. Applications, including Voyant and proprietary programs, are best employed on text presented in such format. This development is explained.