ISBN:
9780674067455
Language:
English
Pages:
371 S.
Edition:
Online-Ausg. Online-Ressource De Gruyter eBook-Paket Rechtswissenschaften
Parallel Title:
Druckausg. Fleming, James E., 1954 - Ordered liberty
DDC:
320.01/1
Keywords:
Politik
;
Civil society
;
Constitutional law
;
Civil rights
;
Constitutional law
;
Civil rights
;
Civil society
;
Liberalism
;
Cultural pluralism
;
Civics
;
LAW / Constitutional
;
Civil rights
;
United States
;
Constitutional law
;
United States
;
Civics
;
Civil society
;
United States
;
Cultural pluralism
;
United States
;
Liberalism
;
United States
;
USA
;
Verfassungsrecht
;
Grundrecht
;
Bürgerliche Gesellschaft
Abstract:
Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.
Abstract:
Biographical note: James E. Fleming is Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar at Boston University School of Law. Linda C. McClain is Professor of Law and Paul M. Siskind Research Scholar at Boston University School of Law.
Abstract:
Main description: Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.
Note:
Gesehen am 28.01.2016
DOI:
10.4159/harvard.9780674067455
URL:
Volltext
(lizenzpflichtig)
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