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Courts and the Culture Wars
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Description
For much of the second half of the twentieth century, America's courts-state and federal-have injected themselves into what many critics consider to be fundamentally moral or political disputes. By constitutionalizing these disputes, many feel that the courts have reduced the ability of Americans to engage in traditional, political modes of settling differences over issues that excite particular passion. While legal discourse is well suited to choosing decisive winners and losers, political discourse is perhaps more conducive to reasonable compromise and accommodation. In Courts and the Culture Wars Bradley C. S. Watson has brought together some of America's most distinguished names in constitutional theory and practice to consider the impact of judicial engagement in the moral, religious, and cultural realms-including such issues as school prayer, abortion, gay rights, and expressive speech.
Table of Contents
Part 2 Courts and Culture: Fundamental Theoretical Issues
Chapter 3 Courts and the Culture Wars
Chapter 4 From Ockham to Blackmun: The Philosophical Roots of Liberal Jurisprudence
Chapter 5 The Death of the Legal Constitution and the Specter of Judicial Review
Part 6 Cultural Controversies and the Courts: Abortion, Homosexuality, Church and State
Chapter 7 The Right to Life, the Higher Law, and the Courts
Chapter 8 Who Owns the Right to Privacy?
Chapter 9 Tolerance and American Constitutionalism: The Case of Gay Rights
Chapter 10 Religious Freedom Without Religious Neutrality: Our Once and Future Constitutional Common Sense
Part 11 Judicial Practice and the Culture Wars
Chapter 12 The One-Way Ratchet and Other Problems of Stare Decisis for Cultural Conservatives
Chapter 13 The California Supreme Court in the Culture Wars: A Case Study in Judicial Failure
Part 14 Courts, Culture, and Liberal Democracy
Chapter 15 Courts, Culture, and Community: Rescuing Constitutional Supremacy from Judicial Supremacy
Chapter 16 The Voting Rights Act and the Politics of Multiculturalism: The Challenge to Commercial Republicanism at Century's Turn
Product details
| Published | 06 Sep 2002 |
|---|---|
| Format | Paperback |
| Edition | 1st |
| Extent | 236 |
| ISBN | 9780739104156 |
| Imprint | Lexington Books |
| Dimensions | 228 x 151 mm |
| Publisher | Bloomsbury Publishing |
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