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Liberty, Property, and Privacy : Toward a Jurisprudence of Substantive Due Process / Edward Keynes.

By: Material type: TextTextPublisher: University Park, PA : Penn State University Press, [2021]Copyright date: ©1996Description: 1 online resource (256 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9780271072715
Subject(s): DDC classification:
  • 347.73/05 347.3075 20
LOC classification:
  • KF4765 .K49 1996
Other classification:
  • online - DeGruyter
Online resources:
Contents:
Frontmatter -- Contents -- Acknowledgments -- Introduction -- 1. The Core Constitutional Values: Life, Liberty, and Property -- 2. Antecedents of the Fourteenth Amendment's Core Values -- 3. Framing the Fourteenth Amendment -- 4. Congressional Protection of Fundamental Rights in the Reconstruction Era -- 5. The Supreme Court, the Public Interest, and Economic Liberty, 1873-1921 -- 6. The Much-Acclaimed Demise of Substantive Due Process, 1921-1991 -- 7. Liberty and Privacy-Marriage and the Family -- 8. Reproductive Liberty and Individual Autonomy- Contraception and Abortion -- Epilogue -- Table of Cases -- Index -- About the Author
Summary: 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.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9780271072715

Frontmatter -- Contents -- Acknowledgments -- Introduction -- 1. The Core Constitutional Values: Life, Liberty, and Property -- 2. Antecedents of the Fourteenth Amendment's Core Values -- 3. Framing the Fourteenth Amendment -- 4. Congressional Protection of Fundamental Rights in the Reconstruction Era -- 5. The Supreme Court, the Public Interest, and Economic Liberty, 1873-1921 -- 6. The Much-Acclaimed Demise of Substantive Due Process, 1921-1991 -- 7. Liberty and Privacy-Marriage and the Family -- 8. Reproductive Liberty and Individual Autonomy- Contraception and Abortion -- Epilogue -- Table of Cases -- Index -- About the Author

restricted access online access with authorization star

http://purl.org/coar/access_right/c_16ec

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.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 21. Jun 2021)