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612-822-4611
Justice as Integrity: Tolerance and the Moral Momentum of Law

Justice as Integrity: Tolerance and the Moral Momentum of Law

Paperback

Series: Suny American Constitutionalism

General Law

ISBN10: 0791467643
ISBN13: 9780791467640
Publisher: State University of New York Press
Published: Jun 1 2007
Pages: 234
Weight: 0.69
Height: 0.54 Width: 6.08 Depth: 8.89
Language: English

Strives to show why morality and, in particular, tolerance are each part of the idea of law.

Do any moral values underlie the foundations of law and society in America? In Justice as Integrity, David Fagelson argues that morality is indeed a part of the idea of law. Examining controversies of speech and privacy, he does not ignore the conservative communitarian streak in America, but argues that liberal tolerance best fits the social meanings of American political morality. While tolerance plays a critical role, different social practices yield different conceptions of tolerance. Judges must interpret any public text to develop coherent narratives that best explain the use of force in their jurisdiction. In America, Fagelson argues, liberal tolerance is the sovereign principle that the Supreme Court uses as a prism when interpreting social institutions like marriage, speech, and even death, to make them more consistent with personal autonomy.

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