Title
Freedom'S Law: The Moral Reading Of The American Constitution,Used
Delivery time: 8-12 business days (International)
Ronald Dworkin Argues That Americans Have Been Systematically Misled About What Their Constitution Is, And How Judges Decide What It Means. The Constitution, He Observes, Grants Individual Rights In Extremely Abstract Terms. The First Amendment Prohibits The Passing Of Laws That 'Abridge The Freedom Of Speech'; The Fifth Amendment Insists On 'Due Process Of Law'; And The Fourteenth Amendment Demands 'Equal Protection Of The Laws' For All Persons. What Does That Abstract Language Mean When It Is Applied To The Political Controversies That Divide Americansabout Affirmative Action And Racial Justice, Abortion, Euthanasia, Capital Punishment, Censorship, Pornography, And Homosexuality, For Example? Judges, And Ultimately The Justices Of The Supreme Court, Must Decide For Everyone, And That Gives Them Great Power. How Should They Decide?Dworkin Defends A Particular Answer To That Question, Which He Calls The Moral Reading Of The Constitution. He Argues That The Bill Of Rights Must Be Understood As Setting Out General Moral Principles About Liberty And Equality And Dignity, And That Private Citizens, Lawyers, And Finally Judges Must Interpret And Apply Those General Principles By Posing And Trying To Answer More Concrete Moral Questions. Is Freedom To Choose Abortion Really A Basic Moral Right And Would Curtailing That Right Be A Deep Injustice, For Example? Why? In The Detailed Discussions Of Individual Constitutional Issues That Form The Bulk Of The Book, Dworkin Shows That Our Judges Do Decide Hard Constitutional Cases By Posing And Answering Such Concrete Moral Questions. Indeed He Shows That That Is The Only Way They Can Decide Those Cases.But Most Judgesand Most Politicians And Most Law Professorspretend Otherwise. They Say That Judges Must Never Treat Constitutional Issues As Moral Issues Because That Would Be Undemocraticit Would Mean That Judges Were Substituting Their Own Moral Convictions For Those Of Congressmen And State Legislators Who Had Been Elected By The People. So They Insist That Judges Can, And Should, Decide In Some More Mechanical Way Which Involves No Fresh Moral Judgment On Their Part.The Result, Dworkin Shows, Has Been Great Constitutional Confusion. Is The Premise At The Core Of This Confusion Really Sound? Is The Moral Readingthe Only Reading Of The American Constitution That Makes Sensereally Undemocratic? In Spirited And Illuminating Discussions Both Of The Great Constitutional Cases Of Recent Years, And Of General Constitutional Principles, Dworkin Argues, To The Contrary, That The Distinctly American Version Of Government Under Principle, Based On The Moral Reading Of The Constitution, Is In Fact The Best Account Of What Democracy Really Is.
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We provide a 2-year limited warranty, from the date of purchase for all our products.
If you believe you have received a defective product, or are experiencing any problems with your product, please contact us.
This warranty strictly does not cover damages that arose from negligence, misuse, wear and tear, or not in accordance with product instructions (dropping the product, etc.).
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Frequently Asked Questions
- Q: What are the main themes discussed in 'Freedom's Law'? A: 'Freedom's Law' primarily explores the moral reading of the American Constitution, focusing on themes such as individual rights, liberty, equality, and the role of judges in interpreting these rights in light of contemporary moral issues.
- Q: Who is the author of 'Freedom's Law'? A: The author of 'Freedom's Law: The Moral Reading of the American Constitution' is Ronald Dworkin, a prominent legal philosopher.
- Q: What is the significance of the First Amendment as discussed in the book? A: The First Amendment is significant in 'Freedom's Law' as it highlights the abstract nature of constitutional rights, particularly concerning freedom of speech, and how judges interpret these rights in real-world scenarios.
- Q: How does Dworkin suggest judges should approach constitutional issues? A: Dworkin suggests that judges should approach constitutional issues by interpreting the Bill of Rights as general moral principles and applying these principles to specific moral questions that arise in cases.
- Q: Is 'Freedom's Law' suitable for those unfamiliar with legal theory? A: 'Freedom's Law' is accessible to readers who may not have a background in legal theory, as Dworkin articulates complex ideas in a clear and engaging manner, making it suitable for a broader audience.
- Q: What edition of 'Freedom's Law' is available? A: The available edition of 'Freedom's Law' is the first edition, published on May 1, 1996.
- Q: How many pages does 'Freedom's Law' have? A: 'Freedom's Law: The Moral Reading of the American Constitution' contains 416 pages.
- Q: What is the condition of the book being sold? A: The book is listed as a used book in good condition, indicating it has been previously owned but is still in acceptable shape for reading.
- Q: What binding type does 'Freedom's Law' have? A: The book 'Freedom's Law' is available in hardcover binding, which provides durability and a premium feel.
- Q: What are some topics Dworkin addresses in 'Freedom's Law'? A: Dworkin addresses various contemporary issues such as affirmative action, abortion, capital punishment, and censorship, examining how these issues relate to constitutional interpretation.