Liberty, Property, and Privacy

Toward a Jurisprudence of Substantive Due Process

Nonfiction, Religion & Spirituality, Philosophy, Political, Social & Cultural Studies, Political Science, Politics, History & Theory
Cover of the book Liberty, Property, and Privacy by Edward Keynes, Penn State University Press
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Author: Edward Keynes ISBN: 9780271072692
Publisher: Penn State University Press Publication: February 27, 1996
Imprint: Penn State University Press Language: English
Author: Edward Keynes
ISBN: 9780271072692
Publisher: Penn State University Press
Publication: February 27, 1996
Imprint: Penn State University Press
Language: English

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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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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