Download The Tie Goes to Freedom: Justice Anthony M. Kennedy on by Helen J. Knowles PDF

By Helen J. Knowles

This can be the 1st book-length research of ideally suited courtroom Justice Anthony M. Kennedy. utilizing the hot-button problems with privateness rights, race, and loose speech, The Tie is going to Freedom demanding situations the traditional knowledge that Kennedy's jurisprudence is inconsistent and incoherent. The e-book additionally demonstrates how he forcefully articulates a libertarian constitutional imaginative and prescient.

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Additional resources for The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty

Example text

It tells us that libertarianism is not an anarchical political theory. We can see why this is so by considering the fact that central to Locke’s Second Treatise arguments is the understanding that some government regulation is needed in order to protect individuals’ rights. This, in other words, is the principal reason why government should exist. Locke theorized that individuals would decide to leave a (hypothetical) state of nature in order to establish a civil (political) society with governing institutions.

These two cases involve limits on the freedom of individuals to live their lives without discrimination because of their sexual orientation. In non-race-based equal protection cases such as these, Kennedy wrote opinions providing for extensive protection of the liberty and dignity of “unpopular minorities” and the rejection of animus-based legislative justifications for discriminatory laws. In chapter 4, Kennedy’s views about the relationship between equality and liberty translate into a sharp rejection of government policies that classify individuals using race, even for the purpose of enacting programs designed to aid minorities.

16 Possession of these rights is not contingent upon adherence to any particular moral code of behavior (religious or secular). To be sure, recognition and respect for natural rights needs to exist for society to function justly, but it is equally important that any attempt at systematic enforcement of natural rights–respecting behavior not violate any of these natural rights in the process. ”17 This sounds fine, but it now generates the question: what are these natural rights? Are they just “out there”?

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