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The Resource The concept of ordered liberty and the common-law due-process tradition : slaughterhouse cases through Obergefell v. Hodges (1872-2015), Matthew W. Lunder

The concept of ordered liberty and the common-law due-process tradition : slaughterhouse cases through Obergefell v. Hodges (1872-2015), Matthew W. Lunder

Creator
Author
Summary
"[This book] is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories{u2014}liberal and conservative{u2014}for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story{u2019}s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts{u2019} obligation to resolve disputes about our Nation{u2019}s most controversial issues, and a critical reflection on the modern Supreme Court{u2019}s role in its politics"--Back cover
Language
eng
Work
Publication
Extent
xv, 267 pages
Contents
  • A Bulwark against Arbitrary Legislation
  • Liberty and Economic Ideology
  • Philosophy, Incorporation, and Natural Law
  • A Reasonable and Sensitive Judgment
  • A Zone of Substantive Rights
  • Procedural and Substantive Due Process
  • Deeply Rooted in History and Tradition
  • A Different Description of Fundamental Liberties
  • The Inquiry Thus Reduces
  • The Dimension of Personal Liberty
  • The Guideposts of History, Tradition, and Practice
  • The Tradition Is a Living Thing
  • Certain Actions Are Prohibited
  • A Prudential Exercise of the Judicial Power
  • What Freedom Must Become
Isbn
9781793626349
Instance
Label
The concept of ordered liberty and the common-law due-process tradition : slaughterhouse cases through Obergefell v. Hodges (1872-2015)
Title
The concept of ordered liberty and the common-law due-process tradition
Title remainder
slaughterhouse cases through Obergefell v. Hodges (1872-2015)
Statement of responsibility
Matthew W. Lunder
Creator
Author
Subject
Genre
Language
eng
Summary
"[This book] is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories{u2014}liberal and conservative{u2014}for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story{u2019}s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts{u2019} obligation to resolve disputes about our Nation{u2019}s most controversial issues, and a critical reflection on the modern Supreme Court{u2019}s role in its politics"--Back cover
Cataloging source
UKMGB
http://library.link/vocab/creatorName
Lunder, Matthew W
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • United States
  • United States
  • Due process of law
  • Common law
  • Liberty
  • Common law
  • Due process of law
  • Liberty
  • United States
Label
The concept of ordered liberty and the common-law due-process tradition : slaughterhouse cases through Obergefell v. Hodges (1872-2015), Matthew W. Lunder
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
A Bulwark against Arbitrary Legislation -- Liberty and Economic Ideology -- Philosophy, Incorporation, and Natural Law -- A Reasonable and Sensitive Judgment -- A Zone of Substantive Rights -- Procedural and Substantive Due Process -- Deeply Rooted in History and Tradition -- A Different Description of Fundamental Liberties -- The Inquiry Thus Reduces -- The Dimension of Personal Liberty -- The Guideposts of History, Tradition, and Practice -- The Tradition Is a Living Thing -- Certain Actions Are Prohibited -- A Prudential Exercise of the Judicial Power -- What Freedom Must Become
Dimensions
24 cm
Extent
xv, 267 pages
Isbn
9781793626349
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1230952098
Label
The concept of ordered liberty and the common-law due-process tradition : slaughterhouse cases through Obergefell v. Hodges (1872-2015), Matthew W. Lunder
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
A Bulwark against Arbitrary Legislation -- Liberty and Economic Ideology -- Philosophy, Incorporation, and Natural Law -- A Reasonable and Sensitive Judgment -- A Zone of Substantive Rights -- Procedural and Substantive Due Process -- Deeply Rooted in History and Tradition -- A Different Description of Fundamental Liberties -- The Inquiry Thus Reduces -- The Dimension of Personal Liberty -- The Guideposts of History, Tradition, and Practice -- The Tradition Is a Living Thing -- Certain Actions Are Prohibited -- A Prudential Exercise of the Judicial Power -- What Freedom Must Become
Dimensions
24 cm
Extent
xv, 267 pages
Isbn
9781793626349
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1230952098

Subject

Genre

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      39.954941 -75.193362

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