Progressive Constitutionalism Reconstructing the Fourteenth Amemdment
Language: English
Published by Duke Univ Pr, 1994
- Hardcover
- New
Seller: Revaluation Books, Exeter, United KingdomRevaluation Books
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368 pages. 9.50x6.50x1.25 inches. In Stock.
Seller Inventory # __0822315254
- Title
- Progressive Constitutionalism Reconstructing the Fourteenth Amemdment
- Author
- West, Robin
- Publisher
- Duke Univ Pr
- Publication year
- 1994
- Condition
- Brand New
- Binding
- Hardcover
- Language
- English
- ISBN 10
- 0822315254
- ISBN 13
- 9780822315254
- Item weight
- 0.73 kilograms
West shows how the "equal protection" clause, far from insulating the private spheres of culture, market, and home life, as is commonly held, directly targets abuses of power within those spheres. She develops a number of arguments for the modern relevance of this understanding, from the failure of the state to provide equal protection against private domestic violence, permitting a "private sovereignty" of patriarchal power within the home, to the the state’s failure to provide equal protection against material deprivation, allowing "private sovereignty" between economically privileged and desperate people in private markets.
West’s argument extends to the "liberty" prong of the due process clause, seen here as a protection of the positive, not negative, liberty of citizens, covering rights in such typically controversial areas as welfare, education, and domestic safety. This interpretation recasts a number of contemporary constitutional issues, such as affirmative action and hate speech, and points to very different problems—notably private, unchecked criminal violence and extreme economic deprivation—as the central constitutional dilemmas of our day.
Progressive Constitutionalism urges a substantive, institutional, and jurisprudential reorientation of our understanding of the Fourteenth Amendment, one that would necessarily be pursued through Congressional rather than judicial channels. In doing so, with attention to history and both feminist and critical race scholarship, it should reinvigorate our politics and our constitutional conversations—and, perhaps, point us toward a more just society.
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About the Author
Robin West is Professor of Law at Georgetown University Law Center, where she teaches and writes in the fields of constitutional law, feminist legal theory, and law and literature. She is the author of Narrative, Authority, and Law.
"About the title" may belong to another edition of this title.
Revaluation Books
Exeter, United Kingdom
AbeBooks seller since January 6, 2003
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