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Full-Text Articles in Law
Two Constitutional Rights, Two Constitutional Controversies, Michael J. Perry
Two Constitutional Rights, Two Constitutional Controversies, Michael J. Perry
Faculty Articles
My overarching aim in the Article is to defend a particular understanding of two constitutional rights and, relatedly, a particular resolution of two constitutional controversies. The two rights I discuss are among the most important rights protected by the constitutional law of the United States: the right to equal protection and the right of privacy. As I explain in the Article, the constitutional right to equal protection is, at its core, the human right to moral equality, and the constitutional right to privacy is best understood as a version of the human right to moral freedom. The two controversies I …
Sital Kalantry: Women's Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Jocelyn Getgen Kestenbaum
Sital Kalantry: Women's Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Jocelyn Getgen Kestenbaum
Faculty Articles
No abstract provided.
The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod
The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod
Faculty Articles
Many of the legal and policy issues about which people today get most exercised turn on a little-understood relationship between two fundamental principles. On one hand is the principle of autonomy, which, for reasons explored in this article, is often employed in defense of greater freedom and less government intervention in matters of morals and self-harmful conduct. On the other hand is respect for basic goods, those ends and purposes that constitute ultimate, underived, and intelligible reasons for rational action, and which include knowledge, human life, and community, among others. Basic goods provide reasons for human purposing and action (as …