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Unfit for Democracy
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Public Values in Constitutional Law
Critical examination of the concept of compelling government interests
Jurisprudence Cases and Materials
Jurisprudence Cases and Materials begins with two chapters on the ancient Near Eastern, biblical, and classical origins of law and jurisprudence. It offers chapters that trace the systematic development of the Anglo-American analytic canon and modern critical responses. It also analyzes jurisprudence in the courts. The result is a book that attains unusual breadth and richness of treatment of the web of law and philosophy. The book uses cases to make jurisprudence more meaningful to students and to explore the "relevance" of jurisprudence, exploring how jurisprudential assumptions implicitly or subconsciously dominate the thinking of jurists and therefore play a role in driving the law. Juri...
Morality Imposed
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 cu...
Jurisprudence
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Unfit for Democracy
Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America’s survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent—illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy. -- From back cover.
Toward a Usable Past
The United States Supreme Court's relegation of many rights to definition under state constitutional law, combined with the tendency of recent administrations to entrust the states with the task of preserving individual rights, is increasingly making state constitutions the arena where the battles to preserve the rights to life, liberty, property, due process, and equal protection of laws must be fought. Ranging in time from the late 1700s to the late 1900s, Toward a Usable Past offers a series of case studies that examine the protection afforded individual rights by state constitutions and state constitutional law. As it explores the history of liberty at the state level, this volume also i...
