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Constructing Basic Liberties

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Release : 2022-08-30
Genre : Law
Kind : eBook
Book Rating : 404/5 ( reviews)

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Book Synopsis Constructing Basic Liberties by : James E. Fleming

Download or read book Constructing Basic Liberties written by James E. Fleming. This book was released on 2022-08-30. Available in PDF, EPUB and Kindle. Book excerpt: A second death of substantive due process? Our practice of substantive due process ; The coherence and structure of substantive due process ; The rational continuum of ordered liberty -- Substantive due process does not "effectively decree the end of morals legislation". Is substantive due process on a slippery slope to "the end of all morals legislation"? ; Is moral disapproval enough to justify traditional morals legislation -- Substantive due process does not enact a utopian economic or moral theory. The ghost of Lochner v. New York ; Does substantive due process enact Mill's On Liberty? -- Conflicts between liberty and equality. The grounds for protecting basic liberties: liberty together with equality ; Accommodating gay and lesbian rights and religious liberty -- The future. The future of substantive due process.

Constructing Basic Liberties

Download Constructing Basic Liberties PDF Online Free

Author :
Release : 2022-08-30
Genre : Law
Kind : eBook
Book Rating : 412/5 ( reviews)

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Book Synopsis Constructing Basic Liberties by : James E. Fleming

Download or read book Constructing Basic Liberties written by James E. Fleming. This book was released on 2022-08-30. Available in PDF, EPUB and Kindle. Book excerpt: A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.

Fundamental Liberties of a Free People

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Release : 2018-01-16
Genre : Political Science
Kind : eBook
Book Rating : 666/5 ( reviews)

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Book Synopsis Fundamental Liberties of a Free People by : Milton Konvitz

Download or read book Fundamental Liberties of a Free People written by Milton Konvitz. This book was released on 2018-01-16. Available in PDF, EPUB and Kindle. Book excerpt: Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier. The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association. Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution.Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history.

Constructing Civil Liberties

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Release : 2004-08-02
Genre : History
Kind : eBook
Book Rating : 559/5 ( reviews)

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Book Synopsis Constructing Civil Liberties by : Ken I. Kersch

Download or read book Constructing Civil Liberties written by Ken I. Kersch. This book was released on 2004-08-02. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a revisionist account of the genealogy of contemporary constitutional law and morals.

Basic Liberties and Global Justice

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Release : 2014
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Basic Liberties and Global Justice by : Gillian Brock

Download or read book Basic Liberties and Global Justice written by Gillian Brock. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: My primary goals in this article are to show: first, that we can identify and justify which basic freedoms are important ones to protect in the global context; second, that we can monitor whether we are making progress with respect to whether more or fewer people are enjoying the important freedoms; third, that we can identify some key institutions that play a central role in fortifying those freedoms; fourth, that we can help build or fortify local capacity with respect to protecting basic freedoms; fifth, that external support and building international institutions can play an important role in securing local capacity to protect basic liberties. The emphasis is on trying to construct local capacity to protect basic freedoms. However external support has a key role to play. I argue that protecting press freedom and building institutions of international justice play crucial roles in securing local capacity to protect basic liberties. We have obligations to support those institutions that would facilitate progress with respect to protection of basic liberties. So, for instance, we have a range of responsibilities to support press freedom in all countries, along with international efforts to bring to justice violators of basic liberties.

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