|
Showing 1 - 1 of
1 matches in All Departments
In No Place for Ethics, Hill argues that contemporary judicial
review by the Supreme Court rests on its mistaken positivist
understanding of law-law simply because so ordered-as something
separate from ethics. To assert any relation between the two is to
contaminate both, either by turning law into an arm of ethics, or
making ethics an expression of law. To address this mistake, Hill
contends that an understanding of natural law theory provides the
basis for a constitutive relation between ethics and law without
confusing their distinct role in answering the basic question, how
should I behave in society? To secure that relation, the Court has
an overriding responsibility when carrying out its review to do so
with reference to normative ethics from which the US Constitution
is derived and to which it is accountable. While the Constitution
confirms, for example, the liberty interests of individuals, it
does not originate those interests which have their origin in human
rights that long preceded it. Essential to this argument is an
appreciation of ethics as objective and normatively based on
principles, like that of justice and truth that ought to inform
human behavior at its very springs. Applied in an analysis of five
major Supreme Court cases, this appreciation of ethics reveals how
wrongly decided these cases are.
|
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.