Suchergebnisse

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.

In this monograph, James E. Fleming argues that fidelity in interpreting the US Constitution as written requires a moral reading or philosophic approach, and that fidelity commits to honouring aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders

"Throughout the history of moral, political, and legal philosophy, many have portrayed passions and emotions as being opposed to reason and good judgment. At the same time, others have defended passions and emotions as tempering reason and enriching judgment, and there is mounting empirical evidence linking emotions to moral judgment. In Passions and Emotions, a group of prominent scholars in philosophy, political science, and law explore three clusters of issues: "Passion & Impartiality: Passions & Emotions in Moral Judgment"; "Passion & Motivation: Passions & Emotions in Democratic Politics"; and "Passion & Dispassion: Passions & Emotions in Legal Interpretation." This timely, interdisciplinary volume examines many of the theoretical and practical legal, political, and moral issues raised by such questions"--

Throughout the history of moral, political, and legal philosophy, many have portrayed passions and emotions as being opposed to reason and good judgment. At the same time, others have defended passions and emotions as tempering reason and enriching judgment, and there is mounting empirical evidence linking emotions to moral judgment. In Passions and Emotions, a group of prominent scholars in philosophy, political science, and law explore three clusters of issues: "Passion & Impartiality: Passions & Emotions in Moral Judgment"; "Passion & Motivation: Passions & Emotions in Democratic Politics

Frontmatter -- CONTENTS -- PREFACE -- CONTRIBUTORS -- 1. THE RULE OF LAW AND THE IMPORTANCE OF PROCEDURE -- 2. THE LIMITS OF PROCESS -- 3. A SUBSTANTIVE CONCEPTION OF THE RULE OF LAW: NONARBITRARY TREATMENT AND THE LIMITS OF PROCEDURE -- 4. FOUR PUZZLES ABOUT THE RULE OF LAW: WHY, WHAT, WHERE? AND WHO CARES? -- 5. SEPARATION OF POWERS AND THE NATIONAL SECURITY STATE -- 6. JUDICIAL OVERSIGHT, JUSTICE, AND EXECUTIVE DISCRETION BOUNDED BY LAW -- 7. THE INSTABILITY OF "EXECUTIVE DISCRETION" -- 8 .CONSTITUTIONAL THEORY, THE UNITARY EXECUTIVE, AND THE RULE OF LAW -- 9. JUSTICE ON THE GROUND? INTERNATIONAL CRIMINAL COURTS AND DOMESTIC RULE OF LAW BUILDING IN CONFLICT-AFFECTED SOCIETIES -- 10. IN DEFENSE OF IMPERIALISM? THE RULE OF LAW AND THE STATE-BUILDING PROJECT -- 12. MIGHT STILL DISTORTS RIGHT: PERILS OF THE RULE OF LAW PROJECT -- INDEX

"The rule of law has been celebrated as 'an unqualified human good, ' yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an 'inner morality of law, ' or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power 'outside the law' justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications 'on the ground' in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power 'outside the law' is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions."--Publisher's description