Courts And The Culture Wars
For much of the second half of the twentieth century, America's courts—state and federal—have injected themselves into what many critics consider to be fundamentally moral or political disputes. By constitutionalizing these disputes, many feel that the courts have reduced the ability of Americans to engage in traditional, political modes of settling differences over issues that excite particular passion. While legal discourse is well suited to choosing decisive winners and losers, political...
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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
\ Mary Ann GlendonCourts and the Culture Wars casts a spotlight on the role that judges and lawyers have played in undercutting Americans' ability to have a say in setting the conditions under which they live, work and raise their children. These essays by some of the nation's most forthright social critics are lively, provocative, and sobering.\ \
