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State, Community, and Individual Robert Nisbet and Freedom of Association in American Constitutionalism.

紀錄類型:	書目-語言資料,手稿 : Monograph/item
正題名/作者:	State, Community, and Individual Robert Nisbet and Freedom of Association in American Constitutionalism./
作者:	Sheahan, Luke Charles.
面頁冊數:	1 online resource (286 pages)
附註:	Source: Dissertation Abstracts International, Volume: 77-10(E), Section: A.
Contained By:	Dissertation Abstracts International77-10A(E).
標題:	Political science. -
電子資源:	click for full text (PQDT)
ISBN:	9781339789866

State, Community, and Individual Robert Nisbet and Freedom of Association in American Constitutionalism.
Sheahan, Luke Charles.

State, Community, and Individual Robert Nisbet and Freedom of Association in American Constitutionalism. - 1 online resource (286 pages)

Source: Dissertation Abstracts International, Volume: 77-10(E), Section: A.

Thesis (Ph.D.)

Includes bibliographical references

A dyadic theory of state and individual suffuses much modern political thought, excluding social groups, including voluntary associations, from political or theoretical analysis. The American sociologist Robert Nisbet diagnosed the problem of this dyadic theory in political and social thought, and he pointed to the social problems, such as alienation, that emerge when social policy weakens associations in the name of either individual or state. Nisbet further explored a solution to the dyadic framework by introducing a triad of state, individual, and social group.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2018

Mode of access: World Wide Web

ISBN: 9781339789866Subjects--Topical Terms:

558774
Political science.
Index Terms--Genre/Form:

554714
Electronic books.

State, Community, and Individual Robert Nisbet and Freedom of Association in American Constitutionalism.
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245 1 0 $a State, Community, and Individual Robert Nisbet and Freedom of Association in American Constitutionalism.
264 0 $c 2016
300 $a 1 online resource (286 pages)
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500 $a Source: Dissertation Abstracts International, Volume: 77-10(E), Section: A.
500 $a Adviser: Claes G. Ryn.
502 $a Thesis (Ph.D.) $c The Catholic University of America $d 2016.
504 $a Includes bibliographical references
520 $a A dyadic theory of state and individual suffuses much modern political thought, excluding social groups, including voluntary associations, from political or theoretical analysis. The American sociologist Robert Nisbet diagnosed the problem of this dyadic theory in political and social thought, and he pointed to the social problems, such as alienation, that emerge when social policy weakens associations in the name of either individual or state. Nisbet further explored a solution to the dyadic framework by introducing a triad of state, individual, and social group.
520 $a A prominent example of the dyadic theory is found in First Amendment law. First Amendment rights are hailed as the hallmark of the American constitutional system, protecting essential liberties including religious liberty, free speech, free press, and freedom of association. However, in CLS v. Martinez (2010), the Supreme Court essentially edited freedom of association out of the panoply of First Amendment rights. A close inspection of the case law reveals that the Court's decision was all but foreordained by its reliance upon a theoretical dyad of state and individual when assessing First Amendment rights. While many scholars objected to the Court's decision, most relied on its dyadic framework. Scholars who recognized a problem with the dyadic theory still failed to propose an alternative theoretical paradigm for approaching freedom of association that recognized the rights of associations and institutions.
520 $a This dissertation supplements the scholarly response to Martinez and the loss of freedom of association by drawing from Nisbet's work to diagnose the dyadic framework present in freedom of association case law and to develop a triadic theoretical framework that recognizes state, individual, and association in American constitutionalism. Nisbet urged the adoption of four principles of pluralism that recognize and protect a variety of social groups and institutions. This dissertation uses those principles to formulate a judicial test to protect the functional autonomy of associations. It offers a new theoretical foundation for freedom of association that has broad relevance for understanding the Constitution and for understanding the importance to human beings of associations and institutions.
533 $a Electronic reproduction. $b Ann Arbor, Mich. : $c ProQuest, $d 2018
538 $a Mode of access: World Wide Web
650 4 $a Political science. $3 558774
650 4 $a Philosophy. $3 559771
650 4 $a Law. $3 671705
655 7 $a Electronic books. $2 local $3 554714
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710 2 $a The Catholic University of America. $b Politics. $3 1183342
773 0 $t Dissertation Abstracts International $g 77-10A(E).
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=10117612 $z click for full text (PQDT)