Toleration and the Constitution / David A.J. Richards.

Format:

Book

Author/Creator:

Richards, David A. J.

Language:

English

Subjects (All):

Freedom of religion--United States.

Freedom of religion.

Freedom of speech--United States.

Freedom of speech.

Privacy, Right of--United States.

Privacy, Right of.

Constitutional law--United States.

Constitutional law.

Physical Description:

1 online resource (xvii, 348 p.)

Edition:

1st ed.

Place of Publication:

New York : Oxford University Press, 1986.

Language Note:

English

Summary:

Current changes in the structure of the Supreme Court, as well as recent Supreme Court decisions affecting individual rights, have today brought constitutional issues to the forefront of American thought. This study, based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture, develops a general theory of constitutional interpretation, touching on a myriad of current topics of constitutional controversy, including church-state relations, the scope of free speech, and the application of the constitutional right to privacy, abortion, and consensual adult sexual relations.

Contents:

Intro

Contents

PART I. INTERPRETATION AND THE CONSTITUTION

1. The Aims of Constitutional Theory: A Comparative Analysis

Court-Skeptical Theory

Rights-Skeptical Theory

The Theory of Neutral Principles

Rights-Based Theory

The Roles of Political and Moral Theory

2. Legal Interpretation and Historiography

Interpretation and Western Culture

Legal Interpretation

Constitutional Interpretation

3. Constitutional Interpretation

Against Positivistic Conventionalism

A Conventionalist Argument Against Political Theory in Constitutional Interpretation

History and Contractarian Political Theory in Constitutional Interpretation

Contractarian Theory and the Inalienable Right to Conscience

Interpretation and Judicial Review

PART II. RELIGIOUS LIBERTY

4. The Inalienable Right to Conscience

Covenant and Rights of the Person

Utilitarian Equality

Equal Respect for Persons

Conscience as an Inalienable Human Right

Contractarian Thought and the Moral Sovereignty of the People

5. The Primacy of Religious Toleration

Historiography of the Religion Clauses

The Jurisprudence of the Religion Clauses

PART III. FREE SPEECH

6. A Theory of Free Speech

Conscience and Communicative Integrity

The Historiography of Free Speech and Press Clauses

Jurisprudence of Free Speech: Subversive Advocacy

7. The Jurisprudence of Free Speech

Group Libel and Offense in the Public Forum

Defamation and Privacy

Obscenity

Commercial Speech

The Equalization of Power and Free Speech

The Public Forum

Concluding Methodological Remarks

PART IV. CONSTITUTIONAL PRIVACY

8. A Theory of Constitutional Privacy

The Interpretive Legitimacy of the Right of Constitutional Privacy

Changing Moral Consensus

The Harm Principle

Conscience, Privacy, and General Goods.

Equal Respect and the Religion Clauses

Primacy of Toleration and Constitutional Privacy

9. The Jurisprudence of Constitutional Privacy

Privacy and Contraception

Constitutional Privacy and Abortion

Privacy and Sexual Autonomy

Beyond Constitutional Privacy

10. Methodological Perspectives on Political Theory and Constitutional Interpretation

Interpreting the Text

The Scope of Judicial Review

Review Standards over Federalism and Separation of Powers

Equal Protection

Interpretation, Unity of Theory and Practice, and the American Law School

Bibliography

Cases

Statutes

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliography and index.

ISBN:

1-280-52413-8

0-19-802105-4

0-19-536308-6

OCLC:

476015713