Courts and the Culture WarsBradley C. S. Watson 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 | 3 |
From Ockham to Blackmun The Philosophical Roots of Liberal Jurisprudence | 15 |
The Death of the Legalized Constitution and the Specter of Judicial Review | 27 |
Cultural Controversies and the Courts Abortion Homosexuality Church and State | 43 |
The Culture of Death the Higher Law and the Courts | 45 |
Who Owns the Right to Privacy? | 63 |
Tolerance and American Constitutionalism The Case of Gay Rights | 79 |
Religious Freedom Without Religious Neutrality Our Once and Future Constitutional Common Sense | 99 |
Stare Decisis Conservatisms OneWay Ratchet Problem | 127 |
The California Supreme Court in the Culture Wars A Case Study in Judicial Failure | 139 |
Courts Culture and Liberal Democracy | 151 |
Courts Culture and Community Rescuing Constitutional Supremacy from Judicial Supremacy | 153 |
The Voting Rights Act and the Politics of Multiculturalism The Challenge to Commercial Republicanism at Centurys Turn | 167 |
| 197 | |
About the Contributors | 205 |
About the Editor | |
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Common terms and phrases
abortion According activities Amendment American appeal argued authority autonomy become belief Boy Scouts California called century choice civil rights claim clause common concern Congress Constitution constitutionalism continue course created culture decision dissent doctrine effect equality establishment exercise existence expression fact federal freedom grounds groups homosexuality human important individual institutions interest interpretation issue John judges judgment judicial review Justice least legislative liberal liberty limits majority matters meaning minority moral nature neutrality objective official opinion organizations original particular person political practices precedent Press principles problem prohibition protection question race racial reason recognized religion religious representation republicanism respect rule sense social society speech stare decisis statute Supreme Court theory things tion toleration tradition understanding United University values Voting Rights York
Bibliographic information
| Title | Courts and the Culture Wars G - Reference,Information and Interdisciplinary Subjects Series |
| Editor | Bradley C. S. Watson |
| Edition | illustrated |
| Publisher | Lexington Books, 2002 |
| ISBN | 0739104152, 9780739104156 |
| Length | 209 pages |
| Subjects | › Law / General |
| Export Citation | BiBTeX EndNote RefMan |