ENGLISH

Liberty, Property, and Privacy: Toward a Jurisprudence of Substantive Due Process

By Edward Keynes

Book information

Publisher
Penn State University Press
Year
1996
ISBN
9780271041636, 0271015098, 0271015101
Language
english
Format
EPUB
Filesize
763 kB (780996 bytes)
Series
Productivity
Pages
258\0
Topic
Jurisprudence Law
Time added
2022-08-12 15:01:35

Description

In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting "liberty of contract" against economic regulation to protecting "privacy" and other noneconomic rights (as in Roe v. Wade) against social regulation.

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