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Matters of Principle: Legitimate Legal Argument and Constitutional Interpretation

Matters of Principle: Legitimate Legal Argument and Constitutional Interpretation

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Product Details
Author:
Richard S. Markovits
Publisher:
New York University Press
Publication Date:
Jul 01, 1998
Number of pages:
466 pages
Binding:
Hardback or Cased Book
ISBN-10:
0814755135
ISBN-13:
9780814755136

Overview

The United States is generally believed to be a liberal, rights-based culture. In such a society, according to Richard S. Markovits, arguments of moral principle dominate legal discourse. Markovits analyzes various rights related to our society's basic duties of showing appropriate, equal respect for all creatures capable of moral integrity and appropriate, equal concern for their actualizing this potential. By taking moral- and legal-rights arguments seriously, the book counters the tendencies of legal academics to substitute non-right-focused policy analysis for rights analysis and of judges to indulge their own political preferences under the guide of executing arcane, morally-disconnected "legal analysis." Ranging widely and covering in depth such flashpoint issues as educational rights, minimum real-income rights, privacy rights, abortion, parenting, sexual liberties, and the right to die, Matters of Principle is a deeply engaged and thoughtful work, certain to be controversial and much debated.


  • | Author: Richard S. Markovits
  • | Publisher: New York University Press
  • | Publication Date: Jul 01, 1998
  • | Number of Pages: 466 pages
  • | Binding: Hardback or Cased Book
  • | ISBN-10: 0814755135
  • | ISBN-13: 9780814755136

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