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The Concept of Ordered Liberty and the Common-Law Due-Process Tradition
Slaughterhouse Cases through Obergefell v. Hodges (1872–2015)
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2021
Summary
The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.
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Bibliographic data
Edition
1/2021
Copyright year
2021
ISBN-Print
978-1-7936-2634-9
ISBN-Online
978-1-7936-2635-6
Publisher
Lexington, Lanham
Language
English
Pages
268
Product type
Book Titles
Table of contents
ChapterPages
Dedication No access
Contents No access
Prologue No access
Chapter 1 A Bulwark against Arbitrary Legislation No access
Chapter 2 Liberty and Economic Ideology No access
Chapter 3 Philosophy, Incorporation, and Natural Law No access
Chapter 4 A Reasonable and Sensitive Judgment No access
Chapter 5 A Zone of Substantive Rights No access
Chapter 6 Procedural and Substantive Due Process No access
Chapter 7 Deeply Rooted in History and Tradition No access
Chapter 8 A Different Description of Fundamental Liberties No access
Chapter 9 The Inquiry Thus Reduces No access
Chapter 10 The Dimension of Personal Liberty No access
Chapter 11 The Guideposts of History, Tradition, and Practice No access
Chapter 12 The Tradition Is a Living Thing No access
Chapter 13 Certain Actions Are Prohibited No access
Chapter 14 A Prudential Exercise of the Judicial Power No access
Chapter 15 What Freedom Must Become No access
Epilogue No access Pages 241 - 248
Bibliography No access Pages 249 - 250
List of Cases No access Pages 251 - 256
Index No access Pages 257 - 266
About the Author No access Pages 267 - 268
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