Concept of Ordered Liberty and the Common-Law Due-Process Tradition - Slaughterhouse Cases Through Obergefell V. Hodges (1872-2015)

In The Concept of Ordered Liberty, a lineage of common-law judges spanning a century and a half protect a precious jewel of legal reasoning from the corrupting influence of partisan ideologies. A recursion to the concept of ordered liberty promises to bridge the deep divide among the Court's current liberal and conservative factions.

List of contents

Contents
Prologue
Part I: The Common-Law Tradition
1A Bulwark Against Arbitrary Legislation
2Liberty and Economic Ideology
3 Philosophy, Incorporation, and Natural Law
4A Reasonable and Sensitive Judgment
5A Zone of Substantive Rights
Part II: Fundamental Rights and Modern Conservatism
6Procedural and Substantive Due Process
7Deeply Rooted in History and Tradition
8A Different Description of Fundamental Liberties
9The Inquiry Thus Reduces
Part III: The Modern Justification for Arbitrariness Review
10The Dimension of Personal Liberty
11The Guideposts of History, Tradition, and Practice
12The Tradition Is A Living Thing
Part IV: A More Transcendent Liberty
13Certain Actions Are Prohibited
14A Prudential Exercise Of The Judicial Power
15What Freedom Must Become
Epilogue

About the author

Matthew W. Lunder is trial attorney at the United States Department of Justice.

Product details

• Authors: Matthew W. Lunder
• Publisher: Rowman and Littlefield
• Languages: English
• Product format: Hardback
• Released: 31.01.2021
• EAN: 9781793626349
• ISBN: 978-1-79362-634-9
• No. of pages: 284
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; USA, LAW / Legal History, LAW / Constitutional, LAW / Judicial Power, United States of America, USA, Constitution, Constitutional & administrative law