Morality Imposed : : The Rehnquist Court and the State of Liberty in America / / Stephen E. Gottlieb.

We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a uniqu...

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Superior document:Title is part of eBook package: De Gruyter New York University Press Backlist eBook-Package 2000-2013
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Place / Publishing House:New York, NY : : New York University Press, , [2000]
©2000
Year of Publication:2000
Language:English
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Physical Description:1 online resource
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Other title:Frontmatter --
Contents --
Preface:Why and How This Book --
1 Origins --
2 The Gulf --
3 Eclectic or Unprincipled? --
4 Three Justices in Search of a Character --
5 Between Two Worlds --
6 Consensus on the Left --
7 Calculus --
8 Where Utilitarians Diverge --
9 Coda --
10 Ideological Canons --
Notes --
Bibliography --
Index --
About the Author
Summary:We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns. A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.
Format:Mode of access: Internet via World Wide Web.
ISBN:9780814733301
9783110706444
Access:restricted access
Hierarchical level:Monograph
Statement of Responsibility: Stephen E. Gottlieb.