In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. Some of that morality - the morality of human rights - has become entrenched in the constitutional law of the United States. This book explicates the morality of human rights and elaborates three internationally recognized human rights that are embedded in US constitutional law: the right not to be subjected to cruel, inhuman or degrading punishment; the right to moral equality; and the right to religious and moral freedom. The implications of one or more of these rights for three great constitutional controversies - capital punishment, same-sex marriage and abortion - are discussed in-depth. Along the way, Michael J. Perry addresses the question of the proper role of the Supreme Court of the United States in adjudicating these controversies.
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Part I. The Morality of Human Rights: 1. The internationalization of human rights; 2. What is a 'human right'?; 3. The normative ground of human rights; Part II. The Constitutional Morality of the United States: 4. Capital punishment; 5. The question of judicial deference; 6. The right to moral equality; 7. The right to religious and moral freedom; 8. Same-sex marriage; 9. Abortion.
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'Michael J. Perry has done it again, offering new and provocative insights about political morality, human rights, and constitutional law. Writing with clarity and grace, [he] connects the morality of international human rights, which is grounded in 'a spirit of brotherhood', to the constitutional morality of the United States. In so doing, he provides a rich and nuanced perspective for examining the death penalty, same-sex marriage, and abortion, casting these issues in a new light and permitting an analysis that is novel, penetrating, and powerful.' Daniel O. Conkle, Robert H. McKinney Professor of Law, Indiana University Maurer School of Law
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This book explicates the morality of human rights and elaborates three internationally recognized human rights that are entrenched in US constitutional law.
Produktdetaljer
ISBN
9781107038363
Publisert
2013-07-08
Utgiver
Vendor
Cambridge University Press
Vekt
430 gr
Høyde
229 mm
Bredde
152 mm
Dybde
13 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
196
Forfatter