Title
Freedom'S Law: The Moral Reading Of The American Constitution,Used
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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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- Q: How many pages are in this book? A: This book has four hundred sixteen pages. It provides a comprehensive exploration of constitutional principles.
- Q: What is the binding type of this book? A: This book is a hardcover. Hardcover bindings offer durability and a more premium feel.
- Q: What are the dimensions of this book? A: The book measures six and a half inches by nine and a half inches and is one point two six inches thick.
- Q: Who is the author of this book? A: The author is Ronald Dworkin. He is a prominent legal philosopher known for his work on constitutional law.
- Q: What genre does this book fall under? A: This book is categorized as General, with a focus on law and philosophy.
- Q: How do I interpret the moral reading of the Constitution? A: To interpret it, consider the general moral principles about liberty, equality, and dignity outlined in the Bill of Rights.
- Q: Is this book suitable for beginners in law? A: Yes, this book is suitable for beginners. It presents complex legal issues in an accessible manner.
- Q: How do I engage with the themes discussed in this book? A: You can engage by reflecting on contemporary moral issues and how they relate to constitutional debates.
- Q: What is the recommended reading level for this book? A: This book is suitable for adults and advanced students. Its content is intended for those interested in legal theory.
- Q: How should I store this book to keep it in good condition? A: Store the book upright in a cool, dry place to prevent damage. Avoid direct sunlight to preserve the cover and pages.
- Q: Can I clean the cover of this book? A: Yes, you can wipe the cover with a dry cloth. Avoid moisture to maintain its integrity.
- Q: What if the book arrives damaged? A: If the book arrives damaged, contact customer service for a return or replacement. Most sellers offer a satisfaction guarantee.
- Q: Is there a warranty for this book? A: Typically, books do not come with a warranty. However, check with the seller for return policies.
- Q: What are the common issues when reading this book? A: Common issues may include complex legal language. Taking notes or discussing with peers can help clarify concepts.
- Q: Is this book appropriate for academic use? A: Yes, it is appropriate for academic use. It is often referenced in law courses and discussions on constitutional interpretation.