Liberty, Property, and Privacy : : Toward a Jurisprudence of Substantive Due Process / / Edward Keynes.
In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are t...
Saved in:
Superior document: | Title is part of eBook package: De Gruyter Penn State University Press Complete eBook-Package Pre-2014 |
---|---|
VerfasserIn: | |
Place / Publishing House: | University Park, PA : : Penn State University Press, , [2021] ©1996 |
Year of Publication: | 2021 |
Language: | English |
Online Access: | |
Physical Description: | 1 online resource (256 p.) |
Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
Other title: | Frontmatter -- Contents -- Acknowledgments -- Introduction -- 1. The Core Constitutional Values: Life, Liberty, and Property -- 2. Antecedents of the Fourteenth Amendment's Core Values -- 3. Framing the Fourteenth Amendment -- 4. Congressional Protection of Fundamental Rights in the Reconstruction Era -- 5. The Supreme Court, the Public Interest, and Economic Liberty, 1873-1921 -- 6. The Much-Acclaimed Demise of Substantive Due Process, 1921-1991 -- 7. Liberty and Privacy-Marriage and the Family -- 8. Reproductive Liberty and Individual Autonomy- Contraception and Abortion -- Epilogue -- Table of Cases -- Index -- About the Author |
---|---|
Summary: | In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting ";liberty of contract"; against economic regulation to protecting ";privacy"; and other noneconomic rights (as in Roe v. Wade) against social regulation. |
Format: | Mode of access: Internet via World Wide Web. |
ISBN: | 9780271072715 9783110745269 |
DOI: | 10.1515/9780271072715?locatt=mode:legacy |
Access: | restricted access |
Hierarchical level: | Monograph |
Statement of Responsibility: | Edward Keynes. |