Courts and the culture wars / edited by Bradley C.S. Watson.

Format:

Book

Contributor:

Watson, Bradley C. S., 1961-

Language:

English

Subjects (All):

Political questions and judicial power--United States.

Political questions and judicial power.

United States.

Judge-made law--United States.

Judge-made law.

Civil rights--United States.

Civil rights.

United States--Social life and customs.

Manners and customs.

Culture and law.

Physical Description:

xxv, 209 pages ; 23 cm

Place of Publication:

Lanham, Md. : Lexington Books, [2002]

Summary:

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.

Contents:

Courts and the culture wars / Robert H. Bork

From Ockham to Blackmun : the philosophical roots of liberal jurisprudence / Francis Canavan

The death of the legalized constitution and the specter of judicial review / Keith E. Whittington

The culture of death, the higher law, and the courts / Charles E. Rice

Who owns the right to privacy? / Jeremy Rabkin

Tolerance and American constitutionalism : the case of gay rights / Murray Dry

Religious freedom without religious neutrality : our once and future constitutional common sense / Graham Walker

Stare decisis : conservatism's one-way ratchet problem / John C. Eastman

The California Supreme Court in the culture wars : a case study in judicial failure / Edward J. Erler

Courts, culture, and community : rescuing constitutional supremacy from judicial supremacy / Christopher P. Manfredi

The Voting Rights Act and the politics of multiculturalism : the challenge to commercial republicanism at century's turn / Anthony A. Peacock.

Notes:

Includes bibliographical references and index.

ISBN:

0739104144

0739104152

OCLC:

49495013