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978-0-7391-0414-9 • Hardback • October 2002 • $117.00 • (£90.00)
978-0-7391-0415-6 • Paperback • September 2002 • $48.99 • (£38.00)
Bradley C. S. Watson is Associate Professor of Political Science and Fellow in Politics and Culture in the Center for Economic and Policy Education at Saint Vincent College. He is the author of Civil Rights and the Paradox of Liberal Democracy, (Lexington Books, 1999).
Part 1 Introduction: Courting Disaster: Jurisprudence as Moral Philosophy
Part 2 Courts and Culture: Fundamental Theoretical Issues
Chapter 3 Courts and the Culture Wars
Chapter 4 From Ockham to Blackmun: The Philosophical Roots of Liberal Jurisprudence
Chapter 5 The Death of the Legal Constitution and the Specter of Judicial Review
Part 6 Cultural Controversies and the Courts: Abortion, Homosexuality, Church and State
Chapter 7 The Right to Life, the Higher Law, and the Courts
Chapter 8 Who Owns the Right to Privacy?
Chapter 9 Tolerance and American Constitutionalism: The Case of Gay Rights
Chapter 10 Religious Freedom Without Religious Neutrality: Our Once and Future Constitutional Common Sense
Part 11 Judicial Practice and the Culture Wars
Chapter 12 The One-Way Ratchet and Other Problems of Stare Decisis for Cultural Conservatives
Chapter 13 The California Supreme Court in the Culture Wars: A Case Study in Judicial Failure
Part 14 Courts, Culture, and Liberal Democracy
Chapter 15 Courts, Culture, and Community: Rescuing Constitutional Supremacy from Judicial Supremacy
Chapter 16 The Voting Rights Act and the Politics of Multiculturalism: The Challenge to Commercial Republicanism at Century's Turn
Courts and the Culture Wars casts a spotlight on the role that judges and lawyers have played in undercutting Americans' ability to have a say in setting the conditions under which they live, work and raise their children. These essays by some of the nation's most forthright social critics are lively, provocative, and sobering.
— Mary Ann Glendon, Learned Hand Professor of Law, Harvard University, former U.S. Ambassador to the Holy See