Securing Constitutional Democracy: The Case of Autonomy - Couverture rigide

Fleming, James E.

Couverture rigide

ISBN 10 : 0226253430 ISBN 13 : 9780226253435

Editeur : University of Chicago Press, 2006

Synopsis

Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the "right of men to be left alone to oppress women." Can a right with such prominent critics from across the political spectrum be grounded in constitutional law?

In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy--to allow citizens to deliberate about the institutions and policies of their government--as well as deliberative autonomy--to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.

A propos du livre

À propos de l?auteur

James E. Fleming is the Honorable Paul J. Liacos Professor of Law at Boston University School of Law. His many books include Fidelity to Our Imperfect Constitution; Ordered Liberty; Constitutional Interpretation; Securing Constitutional Democracy; and American Constitutional Interpretation. He has held faculty research fellowships at Princeton University's Program in Law and Public Affairs and Harvard University's Safra Center for Ethics. He is the former editor of Nomos, the annual book of the American Society for Political and Legal Philosophy, and the past president of the society.

Détails de l'édition

• Éditeur: University of Chicago Press
• Date d'édition: 2006
• Langue: anglais
• ISBN 10: 0226253430
• ISBN 13: 9780226253435
• Reliure: Relié
• Nombre de pages: 335
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible