Justice as Integrity: Tolerance and the Moral Momentum of Law

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SUNY Press, 2007. 6. 1. - 234ÆäÀÌÁö
Do any moral values underlie the foundations of law and society in America? In Justice as Integrity, David Fagelson argues that morality is indeed a part of the idea of law. Examining controversies of speech and privacy, he does not ignore the conservative communitarian streak in America, but argues that liberal tolerance best fits the social meanings of American political morality. While tolerance plays a critical role, different social practices yield different conceptions of tolerance. Judges must interpret any public text to develop coherent narratives that best explain the use of force in their jurisdiction. In America, Fagelson argues, liberal tolerance is the sovereign principle that the Supreme Court uses as a prism when interpreting social institutions like marriage, speech, and even death, to make them more consistent with personal autonomy.

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1 Morality Tolerance and Law
1
2 The Wages of Skepticism
13
3 Integrity and Obligation
61
4 Justice as Integrity
87
5 Liberal Perfectionism and Tolerance in American Law
113
6 Tolerance and the Virtue of Law
141
Notes
163
Bibliography
189
Index
213
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David Fagelson is Associate Professor of Law and Society at American University.

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