The United States is generally believed to be a liberal,
rights-based culture. In such a society, according to Richard S.
Markovits, arguments of moral principle dominate legal
discourse.
Markovits analyzes various rights related to our society's basic
duties of showing appropriate, equal respect for all creatures
capable of moral integrity and appropriate, equal concern for their
actualizing this potential. By taking moral- and legal-rights
arguments seriously, the book counters the tendencies of legal
academics to substitute non-right-focused policy analysis for
rights analysis and of judges to indulge their own political
preferences under the guide of executing arcane,
morally-disconnected "legal analysis."
Ranging widely and covering in depth such flashpoint issues as
educational rights, minimum real-income rights, privacy rights,
abortion, parenting, sexual liberties, and the right to die,
"Matters of Principle" is a deeply engaged and thoughtful work,
certain to be controversial and much debated.
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