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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Moral Pluralism and Legal Neutrality (Hardcover, 1990 ed.)
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Moral Pluralism and Legal Neutrality (Hardcover, 1990 ed.)
Series: Law and Philosophy Library, 9
Expected to ship within 10 - 15 working days
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lt is a commonplace that law and morality intersect and
interpenetrate in all the areas of legal decision-making; that in
order to make sense of constitutional, statutory or common-law
questions, judges and other legal decision-makers must first
resolve certain philosophical issues which include moral judgments
of right and wrang_ This is particularly evident with regard to
constitutional interpretation, especially when constitutions give a
mandate for the protection of the substantive norms and values
entrenched as constitutional rights. In these Situations, as a
leading contemporary legal philosopher observed, the "Constitution
fuses legal and moral issues, by making the validity of a law
depend on an answer to complex moral 1 problems." But the need for
substantive value elucidation is not confined, of course, only to
constitutional interpretation under Bills of Rights. This, however,
immediately raises a dilemma stemming from the moral diversity and
pluralism of modern liberal societies. How can law remain sensitive
to this pluralism and yet provide clear answers to the problems
which call for a legal resolution? Sharply conflicting values in
modern societies clash in the debates over the death penalty,
abortion, homosexuality, separation of state and religion, the
scope of the freedom of the press, or affirmative action. lt would
often be difficult to discern a broader consensus within which
these clashes of values operate, unless this consensus were
described in such vague terms as to render it practically
meaningless.
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