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Some Questions For Civil Society-Revivalists, Linda C. Mcclain, James E. Fleming Jul 2000

Some Questions For Civil Society-Revivalists, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

The Article raises some questions for proponents of reviving civil society as a cure for many of our nation's political, civic, and moral ills (whom McClain and Fleming designate as "civil society-revivalists"). How does civil society serve as "seedbeds of virtue" and foster self-government? Have liberal conceptions of the person corroded civil society and undermined self-government? Does the revivalists' focus on the family focus on the right problems? Have gains in equality and liberty caused the decline of civil society? Should we revive civil society or "a civil society"? Would a revitalized civil society support democratic self-government or supplant it? …


Foreword: Legal And Constitutional Implications Of The Calls To Revive Civil Society, Linda C. Mcclain, James E. Fleming Jul 2000

Foreword: Legal And Constitutional Implications Of The Calls To Revive Civil Society, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

This symposium addresses legal and constitutional implications of the calls to revive or renew civil society (a realm between the individual and the state, including the family and religious, civic, and other voluntary associations). The erosion or disappearance of civil society is a common diagnosis of what underlies civic and moral decline in America, and its renewal features prominently as a cure for such decline. To date, there has been a great deal of discussion of civil society and proposals for its revival or renewal, but not enough discussion of legal and constitutional implications of such proposals. This symposium seeks …


The French Experience With Duty To Rescue: A Dubious Case For Criminal Enforcement, Edward A. Tomlinson Jan 2000

The French Experience With Duty To Rescue: A Dubious Case For Criminal Enforcement, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.


Forword: Legal And Constitutional Implications Of The Calls To Revive Civil Society, Linda C. Mcclain, James E. Fleming Jan 2000

Forword: Legal And Constitutional Implications Of The Calls To Revive Civil Society, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

This symposium addresses legal and constitutional implications of the calls to revive or renew civil society (a realm between the individual and the state, including the family and religious, civic, and other voluntary associations). Calls to revive or renew civil society are prominent in political and legal discourse. The erosion or disappearance of civil society is a common diagnosis of what underlies civic and moral decline in America, and its renewal features prominently as a cure for such decline. Broadly speaking, there are two strands of civil society advocates, which a leader in the civil society movement recently characterized as …


The Calm Before The Storm: First Amendment Cases In The 1998-99 Term, Joel Gora Jan 2000

The Calm Before The Storm: First Amendment Cases In The 1998-99 Term, Joel Gora

Faculty Scholarship

No abstract provided.


Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan Jan 2000

Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan

Faculty Scholarship

In this article, Rachel Vorspan investigates the complex role played by the courts in the social and cultural transformation of Victorian England. Through focusing on judicial rulings in the recreational as well as political and industrial contexts she explains how the English judiciary played an important function in "rationalizing" the major institutions and practices of urban leisure