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John Stuart Mill is the father of modern liberalism. His most remembered work, On Liberty, which was published in 1859, changed the course of the liberal tradition. What is less well-known is that his ideas have profoundly influenced the American constitutional rights tradition of the latter half of the twentieth century. Mill's 'harm principle' inspired the constitutional right to privacy recognized in Griswold v Connecticut, Roe vs Wade and other cases. His defense of freedom of expression influenced Justices Holmes, Brandeis, Douglas, Brennan and others and led to greatly expanded freedom of speech in the twentieth century. Finally, Mill was an ardent feminist whose last important work, The Subjection of Women, was a full-scale and, for its time, radical defense of complete gender equality. This is a book for lawyers who want to understand the intellectual origins of modern constitutional rights, and for political philosophers interested in the constitutional implications of Mill's conception of freedom.
John Stuart Mill is the father of modern liberalism. His most remembered work, On Liberty, which was published in 1859, changed the course of the liberal tradition. What is less well-known is that his ideas have profoundly influenced the American constitutional rights tradition of the latter half of the twentieth century. Mill's 'harm principle' inspired the constitutional right to privacy recognized in Griswold v Connecticut, Roe vs Wade and other cases. His defense of freedom of expression influenced Justices Holmes, Brandeis, Douglas, Brennan and others and led to greatly expanded freedom of speech in the twentieth century. Finally, Mill was an ardent feminist whose last important work, The Subjection of Women, was a full-scale and, for its time, radical defense of complete gender equality. This is a book for lawyers who want to understand the intellectual origins of modern constitutional rights, and for political philosophers interested in the constitutional implications of Mill's conception of freedom.
Today almost half of all Americans decline to define themselves as either "liberal" or "conservative." In fact, modern liberalism and conservatism seem hopelessly fragmented ideologies. Liberals claim to believe in individual freedom yet advocate a more collectivistic approach to government and an increasingly paternalistic role for the state. Conservatives are hopelessly divided between two incompatible ideals--the highly individualistic, limited-state philosophy of classical liberalism and an older, more collectivistic tradition of cultural conservatism that holds government responsible for shaping social morality. As a result, modern liberals are economic collectivists and moral individualists, while conservatives are economic individualists and moral collectivists.
-- affirmative action -- the death penalty -- gay marriage -- illegal immigration -- judicial activism -- the relationship of religion and politics -- the role of government in the economy
Today almost half of all Americans decline to define themselves as either "liberal" or "conservative." In fact, modern liberalism and conservatism seem hopelessly fragmented ideologies. Liberals claim to believe in individual freedom yet advocate a more collectivistic approach to government and an increasingly paternalistic role for the state. Conservatives are hopelessly divided between two incompatible ideals--the highly individualistic, limited-state philosophy of classical liberalism and an older, more collectivistic tradition of cultural conservatism that holds government responsible for shaping social morality. As a result, modern liberals are economic collectivists and moral individualists, while conservatives are economic individualists and moral collectivists.
-- affirmative action -- the death penalty -- gay marriage -- illegal immigration -- judicial activism -- the relationship of religion and politics -- the role of government in the economy
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