Skip to main content
Book
Morality Imposed: The Rehnquist Court and Liberty in America
(2000)
  • Stephen E. Gottlieb, Albany Law School
Abstract
The book examines the philosophical gulf among the members of the Court and the differing brands of liberal and conservative philosophies to which each of the justices subscribe. It is based on the conclusion that a single liberal-conservative axis is not an adequate description of the divisions on the Court. The Court until recently was dominated by varieties of functionalists trying to improve society. Utilitarians and liberals, despite important disagreements among themselves, nevertheless share an essential functional or goal driven outlook. Their objective is a freer or happier society and they assume that where the Constitution is ambiguous it should be interpreted in a manner consistent with that premise. Utilitarian, functional, cost-benefit modes of thought are so common that the philosophical assumptions of functionalists are often seen as merely pragmatic rather than as structured modes of thought. The Rehnquist Court shows little concern for goals and focuses instead on a variety of non-instrumental moral judgments. The conservative block has rejected two basic principles of the Anglo-American tradition: the principle that law should be guided by the objective of doing no harm and the principle of respect for individual moral autonomy where harm to others is not at stake. The book amplifies the implications of those choices with studies of each of the nine justices on the Court. Chapter One provides background on the justices for the lay reader. Chapter Two opens the discussion of the central elements of this book, describing the gulf that separates the members of the Court’s liberal and conservative wings. Chapters Three through Five explore the conservative block and the divergence between the Court's right wing and its more centrist conservatives. Chapters Six through Eight explore the more liberal justices, including the contrasts among them and the conservative elements in the thinking of the more liberal justices. Chapter Nine takes a look at Justice Souter. The final chapter returns to the central conflict among the justices. Studies for the book were also published as: The Philosophical Gulf on the Rehnquist Court, 29 Rutgers Law Journal 1 (1997) http://www-camlaw.rutgers.edu/publications/lawjournal/gottlieb.pdf Three Justices in Search of a Character: the Moral Agendas of Justices O’Connor, Scalia and Kennedy, 49 Rutgers Law Review 219 (1996)
Keywords
  • Rehnquist Court,
  • autonomy,
  • morality,
  • interpretation,
  • utilitarian,
  • Rehnquist,
  • Stevens,
  • O'Connor,
  • Scalia,
  • Kennedy,
  • Souter,
  • Thomas,
  • Ginsburg,
  • Breyer
Disciplines
Publication Date
2000
Publisher
New York University Press
ISBN
0-8147-3128-7
Citation Information
Stephen E. Gottlieb. Morality Imposed: The Rehnquist Court and Liberty in America. New York(2000)
Available at: http://works.bepress.com/stephen_gottlieb/9/