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For much of the second half of the twentieth century, America's courts--state and federal--have injected themselves into what many critics consider to be fundamentally moral or political disputes. By constitutionalizing these disputes, many feel that the courts have reduced the ability of Americans to engage in traditional, political modes of settling differences over issues that excite particular passion. While legal discourse is well suited to choosing decisive winners and losers, political discourse is perhaps more conducive to reasonable compromise and accommodation. In Courts and the Culture Wars Bradley C. S. Watson has brought together some of America's most distinguished names in constitutional theory and practice to consider the impact of judicial engagement in the moral, religious, and cultural realms--including such issues as school prayer, abortion, gay rights, and expressive speech.
Over the years the Supreme Court of the United States, and other courts, have been subjects of controversy, disagreement, praise, and condemnation. Many of the expressed misgivings regarding the expansion of judicial power have been born out by the decisions reflected not only in the verdicts of the Supreme Court of the United States, but also in other judicial forums of American society. The effect of these decisions has resulted in an attack on the American civil society that compels the nation to follow courses of development that, were they to be legitimate, would have emanated from the political institutions of the country, not from the legal institutions. The Most Dangerous Branch is a collection of essays that provide support for these contentions and hope to prompt citizens to demand greater responsibility by the courts and their adherence to their proper role in a system under the rule of law.
The purpose of this valuable book is to consider recent cultural trends in bioethics from a Catholic perspective. The first section describes modern cultural notions of health and human suffering. It examines the meaning of suffering in the contemporary world and relates this discussion to the ethical issues surrounding abortion, euthanasia, and the competing conceptions of health. The second section discusses the philosophical origins of the culture war through an examination of the problematic bases of various forms of moral relativism and its inability to guide moral action. The third section contextualizes this abstract discussion in the current political and legal debate on biotechnology, marriage, and the family. Bioethics is intended for a lay audience interested in understanding bioethical issues from a Catholic perspective.
For much of the second half of the twentieth century, America's courts--state and federal--have injected themselves into what many critics consider to be fundamentally moral or political disputes. By constitutionalizing these disputes, many feel that the courts have reduced the ability of Americans to engage in traditional, political modes of settling differences over issues that excite particular passion. While legal discourse is well suited to choosing decisive winners and losers, political discourse is perhaps more conducive to reasonable compromise and accommodation. In Courts and the Culture Wars Bradley C. S. Watson has brought together some of America's most distinguished names in constitutional theory and practice to consider the impact of judicial engagement in the moral, religious, and cultural realms--including such issues as school prayer, abortion, gay rights, and expressive speech.
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