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Constitutional Conscience: The Moral Dimension of Judicial Decision

H. Jefferson Powell

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.001.0001
Subject:
Law, Constitutional and Administrative Law

While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their ... More


Men and Women of Goodwill

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0005
Subject:
Law, Constitutional and Administrative Law

On the last page of his 1982 book After Virtue, the philosopher Alasdair MacIntyre summed up his argument that Western society has become morally incoherent by drawing a parallel between the present ... More


Introduction: The Puzzles of European Union Law

Julie Dickson and Pavlos Eleftheriadis

in Philosophical Foundations of European Union Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199588770
eISBN:
9780191741029
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588770.003.0001
Subject:
Law, EU Law, Philosophy of Law

This introductory chapter first sets out the book's purpose, which is to bring together a diverse group of legal and political philosophers, constitutional theorists, and legal scholars, and invite ... More


Making It Up as We Go Along

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0006
Subject:
Law, Constitutional and Administrative Law

In James B. Beam Distilling Co. v. Georgia, the Supreme Court rejected the propriety of employing “selective prospectivity” in civil litigation: when in a civil case the Court announces a new rule of ... More


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