Securing Constitutional Democracy
The Case of Autonomy
By (author) James E. Fleming
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Securing Constitutional Democracy by James E. Fleming
Book DescriptionFamously described by Louis Brandeis as "the most comprehensive of rights" and "the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the "right of men to be left alone to oppress women." Can a right with such prominent critics from across the political spectrum be grounded in constitutional law? In this book, James E. Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy - to allow citizens to deliberate about the institutions and policies of their government - as well as deliberative autonomy - to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.
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Book DetailsISBN: 9780226253435
(233mm x 163mm x 27mm)
Imprint: University of Chicago Press
Publisher: The University of Chicago Press
Publish Date: 10-Oct-2006
Country of Publication: United States
Books By Author James E. Fleming
Fidelity to Our Imperfect Constitution, Hardback (September 2015)
Many conservative "originalists" contend that the only way to be faithful to the Constitution is to follow the relatively specific original meanings and expectations of the framers and ratifiers.
Federalism and Subsidiarity, Hardback (June 2014)
What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? This book deals with these questions.
Ordered Liberty, Hardback (January 2013)
Fleming and McClain defend a civic liberalism that takes seriously not just rights but responsibilities and virtues. Issues taken up include same-sex marriage, reproductive freedom, regulation of civil society and the family, education of children, and clashes between First Amendment freedoms of association and religion and antidiscrimination law.
Passions and Emotions, Hardback (December 2012)» View all books by James E. Fleming
Explores the concept of passion & emotion in moral, political, and legal philosophy
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Author Biography - James E. Fleming
James E. Fleming is professor of law at Fordham University School of Law. He is coauthor of American Constitutional Interpretation.
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