Morality, Politics, and Law

by Michael J. Perry

Overview

Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.

Product Details

ISBN-13:	9780195362398
Publisher:	Oxford University Press
Publication date:	05/10/1990
Sold by:	Barnes & Noble
Format:	eBook
File size:	428 KB

About the Author

Wake Forest University School of Law

Table of Contents

	Introduction: The Proper Relation of Morality to Politics	3
I	What Is "Morality"?	7
1	The Naturalist Conception of Moral Knowledge	9
2	A Naturalist Perspective on Moral Reasoning and Moral Relativism	24
II	The Liberal Vision of Morality and Politics	55
3	A Critique of the Liberal Political-Philosophical Project	57
III	An Alternative Vision: Towards a Deliberative, Transformative Politics	75
4	Making Law: The Problem of Coercive Legislation	77
5	Breaking Law: The Problem of Conscientious Disobedience	105
6	Interpreting Law: The Problem of Constitutional Adjudication	121
	Conclusion	180
Appendix A	Not Taking Rights-Talk Too Seriously	185
Appendix B	Human Law and the Conscience of Believers: A Statement of the American Lutheran Church	189
	Notes	209
	Index	313

Editorial Reviews

"An invigorating book that lucidly frames many of the most important questions at the intersection of constitutional law and moral and political philosophy."—University of Chicago Law Review

"Consistently interesting and searching. Perry's book is bound to provoke critical reaction from reviewers."—G. Edward White, University of Virginia

"Perry has mastered an extensive and extremely difficult philosophical literature and has managed to work through a series of troubling problems intelligently and critically."—Kent Greenawalt, Columbia University

"The scope of this new work places Michael Perry in the ranks of Constitutional theorists like Ronald Dworkin and Roberto Unger who have innovative, comprehensive visions of the role of law in contemporary American society. Perry develops a theory of how a transformative politics is possible given the failure of moral and political philosophers to find common principles among the many different values and ideals of these pluralistic times."—David C. Hoy, University of California, Santa Cruz

"Perry has written a book that is to be read by anyone concerned with our society having a moral future. Drawing on the best philosophical, legal, and theological discussions, he has brought those disciplines into conversation in an extraordinary way to illumine our current crisis. Moreover, he begins to develop a constructive alternative that few have even begun to envision. I hope this book is read and read widely."—Stanley Hauerwas, Duke University

From the Publisher