Freedom's Law The Moral Reading of the American Constitution

Descriere

The Constitution is America's moral sail, and we must hold to the courage of the conviction that fills it, a conviction that we can all be equal citizens of a moral republic. That is a noble faith, and only optimism can redeem it. So writes Ronald Dworkin in the introduction to this characteristically robust and provocative new book in which he argues that fidelity to the Constitution and to law demands that Judges make contemporary judgments backed on political morality, and why it encourages, or ought to encourage, an open display of the true grounds of judgment. The book discusses almost all of the great constitutional issues of the last two decades including abortion, affirmative action, pornography, race, homosexuality, euthanasia, and free speech, and in doing so consistently offers a liberal view of the American Constitution. Dworkin's 'moral reading' proposes that we all - judges, lawyers, citizens - interpret and apply the abstract language of the Constitution on the understanding that it invokes moral principles about political decency and justice. The moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they bear all the hallmarks of Dworkin's legal and philosophical sophistication, his acute understanding of political process and his understanding of history.