Liberty, Property, and Privacy: Toward a Jurisprudence of Substantive Due Process (Productivity)

Keynes, Edward

ISBN 10: 0271015101 / ISBN 13: 9780271015101

Published by Penn State University Press, 1996

About this Item

Seller Inventory # ABLIING23Feb2215580086675

Bibliographic Details

• Title: Liberty, Property, and Privacy: Toward a Jurisprudence of Substantive Due Process (Productivity)
• Publisher: Penn State University Press
• Publication Date: 1996
• Language: English
• ISBN 10: 0271015101
• ISBN 13: 9780271015101
• Binding: Soft cover
• Condition: New

About this title

Synopsis

In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting "liberty of contract" against economic regulation to protecting "privacy" and other noneconomic rights (as in Roe v. Wade) against social regulation.

About the Author

Edward Keynes is Professor of Political Science at Penn State University. He is the author of Undeclared War: Twilight Zone of Constitutional Power (Penn State, 1991) and co-author of The Courts vs. Congress: Prayer, Busing, and Abortion (1989).