Freedom's Law: The Moral Reading of the American Constitution - Hardcover

Dworkin, R M; Dworkin, Frank Henry Sommer Professor Of Law And Philosophy Ronald

Hardcover

ISBN 10: 0198264704 ISBN 13: 9780198264705

Publisher: OUP Oxford, 1996

Synopsis

The Constitution is America's moral sail, and we must hold to the courage of the conviction that fills it, a conviction that we can all be equal citizens of a moral republic. That is a noble faith, and only optimism can redeem it. So writes Ronald Dworkin in the introduction to this characteristically robust and provocative new book in which Dworkin argues the fidelity to the constitution and to law demands that judges make contemporary judgements backed on political morality, and why it encourages, or ought to encourage, an open display of the true grounds of judgement. The book discusses almost all of the great constitutional issues of the last two decades including abortion, affirmative action, pornography, race, homosexuality, euthanasia and free-speech and in doing so consistently offers a liberal view of the American Constitution. Dworkin's moral reading proposes that we all, judges, lawyers, citizens - interpret and apply the abstract language of the Constitution on the understanding that they invoke moral principles about political decency and justice. The moral reading therefore brings political morality into the heart of constitutional law.

About this title

Review:

Freedom's Law is Dworkin's impassioned defense of free speech and conscience. The thread that ties these essays together is his criticism of strict historical interpretation of the Constitution, which holds that our modern-day understanding must be strictly limited to the concerns of the Constitution's framers, rather than the underlying principles embodied within. Divided into three parts, the book examines the soundness of Roe v. Wade, defends a broad reading of the First Amendment and attacks the nominations of Robert Bork and Clarence Thomas.

From the Back Cover:

This book argues that Americans have been systematically misled about what their Constitution is and how judges interpret it. In spirited cases and general constitutional principles, Ronald Dworkin argues that a distinctly American version of government based on the moral reading of the Constitution is in fact the best account of what democracy really is.

About this edition

• Publisher: OUP Oxford
• Publication date: 1996
• ISBN 10: 0198264704
• ISBN 13: 9780198264705
• Binding: Hardcover
• Edition number: 1
• Number of pages: 436