{"product_id":"constructing-basic-liberties-a-defense-of-substantive-due-process-9780226821405","title":"Constructing Basic Liberties: A Defense of Substantive Due Process","description":"\u003cb\u003eA strong and lively defense of substantive due process.\u003c\/b\u003e \u003cp\u003e\u003c\/p\u003e From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial-a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism-and is deeply vulnerable today. \u003cp\u003e\u003c\/p\u003e Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, \u003ci\u003e Constructing Basic Liberties\u003c\/i\u003e reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. \u003cp\u003e\u003c\/p\u003e Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eAbout the Author\u003c\/b\u003e\u003cbr\u003e\u003cb\u003eJames E. Fleming\u003c\/b\u003e is the Honorable Paul J. Liacos Professor of Law at Boston University School of Law. His many books include \u003ci\u003eFidelity to Our Imperfect Constitution\u003c\/i\u003e; \u003ci\u003eOrdered Liberty\u003c\/i\u003e; \u003ci\u003eConstitutional Interpretation\u003c\/i\u003e; \u003ci\u003eSecuring Constitutional Democracy\u003c\/i\u003e; and \u003ci\u003eAmerican Constitutional Interpretation\u003c\/i\u003e. He has held faculty research fellowships at Princeton University's Program in Law and Public Affairs and Harvard University's Safra Center for Ethics. He is the former editor of \u003ci\u003eNomos\u003c\/i\u003e, the annual book of the American Society for Political and Legal Philosophy, and the past president of the society.\u003cbr\u003e","brand":"University of Chicago Press","offers":[{"title":"Default Title","offer_id":50534000918802,"sku":"9780226821405","price":31.99,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0831\/4771\/8930\/files\/img_02c7c735-8392-4d46-b4aa-770ddff99b0e.jpg?v=1731418411","url":"https:\/\/surprise-castle.myshopify.com\/products\/constructing-basic-liberties-a-defense-of-substantive-due-process-9780226821405","provider":"Surprise Castle","version":"1.0","type":"link"}