Of Speakable Ethics and Constitutional Law: A Review Essay (reviewing Morality, Politics, and Law: A Bicentennial Essay by Michael J. Perry)
نویسنده
چکیده
Courts, and especially the Supreme Court, frequently engage in moral reasoning as an aspect of their judicial decision making.1 And it is both necessary and desirable that they do So. Although it may be impossible to specify precise rules concerning the occasions for invocation of moral judgments or the weight that such judgments should be given in comparison with other legally relevant factors,3 it is part of the Supreme Court's appropriate modern role, sometimes at least, to adapt constitutional doctrine to the demands of enlightened morality. These are the working assumptions of modern constitutional law-seriously disputed only by so-called constitutional "original-
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