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For much of the second half of the twentieth century, America's courts—state and federal—have injected themselves into what many critics consider to be fundamentally moral or political disputes. By constitutionalizing these disputes, many feel that the courts have reduced the ability of Americans to engage in traditional, political modes of settling differences over issues that excite particular passion. While legal discourse is well suited to choosing decisive winners and losers, political discourse is perhaps more conducive to reasonable compromise and accommodation. In Courts and the Culture Wars Bradley C. S. Watson has brought together some of America's most distinguished names in constitutional theory and practice to consider the impact of judicial engagement in the moral, religious, and cultural realms—including such issues as school prayer, abortion, gay rights, and expressive speech.
Bradley C. S. Watson is Associate Professor of Political Science and Fellow in Politics and Culture in the Center for Economic and Policy Education at Saint Vincent College. He is the author of Civil Rights and the Paradox of Liberal Democracy, (Lexington Books, 1999).
Part 1 Introduction: Courting Disaster: Jurisprudence as Moral PhilosophyPart 2 Courts and Culture: Fundamental Theoretical IssuesChapter 3 Courts and the Culture WarsChapter 4 From Ockham to Blackmun: The Philosophical Roots of Liberal JurisprudenceChapter 5 The Death of the Legal Constitution and the Specter of Judicial ReviewPart 6 Cultural Controversies and the Courts: Abortion, Homosexuality, Church and StateChapter 7 The Right to Life, the Higher Law, and the CourtsChapter 8 Who Owns the Right to Privacy?Chapter 9 Tolerance and American Constitutionalism: The Case of Gay RightsChapter 10 Religious Freedom Without Religious Neutrality: Our Once and Future Constitutional Common SensePart 11 Judicial Practice and the Culture WarsChapter 12 The One-Way Ratchet and Other Problems of Stare Decisis for Cultural ConservativesChapter 13 The California Supreme Court in the Culture Wars: A Case Study in Judicial FailurePart 14 Courts, Culture, and Liberal DemocracyChapter 15 Courts, Culture, and Community: Rescuing Constitutional Supremacy from Judicial SupremacyChapter 16 The Voting Rights Act and the Politics of Multiculturalism: The Challenge to Commercial Republicanism at Century's Turn
Courts and the Culture Wars casts a spotlight on the role that judges and lawyers have played in undercutting Americans' ability to have a say in setting the conditions under which they live, work and raise their children. These essays by some of the nation's most forthright social critics are lively, provocative, and sobering.
