Courts and the Culture Wars

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Author: Bradley C. S. Watson

ISBN-10: 0739104144

ISBN-13: 9780739104149

Category: Judicial Branch

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AcknowledgmentsIntroduction: Courting Disaster Jurisprudence as Moral PhilosophyPt. ICourts and Culture: Fundamental Theoretical Issues1Courts and the Culture Wars32From Ockham to Blackmun: The Philosophical Roots of Liberal Jurisprudence153The Death of the Legalized Constitution and the Specter of Judicial Review27Pt. IICultural Controversies and the Courts: Abortion, Homosexuality, Church, and State4The Culture of Death, the Higher Law, and the Courts455Who Owns the Right to Privacy?636Tolerance and American Constitutionalism: The Case of Gay Rights797Religious Freedom without Religious Neutrality: Our Once and Future Constitutional Common Sense99Pt. IIIJudicial Practice and the Culture Wars8Stare Decisis: Conservatism's One-Way Ratchet Problem1279The California Supreme Court in the Culture Wars: A Case Study in Judicial Failure139Pt. IVCourts, Culture, and Liberal Democracy10Courts, Culture, and Community: Rescuing Constitutional Supremacy from Judicial Supremacy15311The Voting Rights Act and the Politics of Multiculturalism: The Challenge to Commercial Republicanism at Century's Turn167Index197About the Contributors205About the Editor209