Freedoms Law

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Dworkin claims that Americans have been systematically misled about what their Constitution is and how judges interpret it. In discussions of constitutional cases and general constitutional principles, he argues that a distinctly American version of government based on a "moral" reading of the Constitution offers the best definition of democracy.

Recoge: 1. Free movement of goods - 2. Free movement of persons and services - 3. Free movement of capital - 4. Completing the single market.

In nineteenth-century Santiago de Cuba, the island of Cuba's radical cradle, Afro-descendant peasants forged freedom and devised their own formative path to emancipation. Drawing on understudied archives, this pathbreaking work unearths a new history of Black rural geography and popular legalism, and offers a new framework for thinking about nineteenth-century Black freedom. Santiago de Cuba's Afro-descendant peasantries did not rely on liberal-abolitionist ideologies as a primary reference point in their struggle for rights. Instead, they negotiated their freedom and land piecemeal, through colonial legal frameworks that allowed for local custom and manumission. While gradually wearing down the institution of slavery through litigation and self-purchase, they reimagined colonial racial systems before Cuba's intellectuals had their say. Long before residents of Cuba protested for national independence and island-wide emancipation in 1868, it was Santiago's Afro-descendant peasants who, gradually and invisibly, laid the groundwork for emancipation.

We generally suppose that it is our right to freedom which allows us to make the choices that shape our lives. The right to have an abortion is called "freedom of choice" because, it is said, a woman should be free to choose between giving birth and not doing so. Freedom of speech protects us whether we want to salute the flag or burn it. There is a correlative principle: one choice is as good as another. Freedom is not a right that makes moral judgments. It lets us do what we want. John Garvey disputes both propositions. We should understand freedom, he maintains, as a right to act, not a right to choose; and furthermore, we should view freedom as a right to engage in actions that are good and valuable. This may seem obvious, but it inverts a central principle of liberalism--the idea that the right is prior to the good. Thus friendship is a good thing; and one reason the Constitution protects freedom of association is that it gives us the space to form friendships. This book casts doubt on the idea that freedoms are bilateral rights that allow us to make contradictory choices: to speak or remain silent, to believe in God or to disbelieve, to abort or to give birth to a child. Garvey argues that the goodness of childbearing does not entail the goodness of abortion; and if freedom follows from the good, then freedom to do the first does not entail the freedom to do the second. Each action must have its own justification. Garvey holds that if the law is to protect freedoms, it is permissible--indeed it is necessary--to make judgments about the goodness and badness of actions. The author's keen insights into important rights issues, communicated with verve and a variety of both real and hypothetical cases, will be of interest to all who care about the meaning of freedoms.

Fractional Freedoms explores how thousands of slaves in colonial Peru were able to secure their freedom, keep their families intact, negotiate lower self-purchase prices, and arrange transfers of ownership by filing legal claims. Through extensive archival research, Michelle A. McKinley excavates the experiences of enslaved women whose historical footprint is barely visible in the official record. She complicates the way we think about life under slavery and demonstrates the degree to which slaves were able to exercise their own agency, despite being ensnared by the Atlantic slave trade. Enslaved women are situated as legal actors who had overlapping identities as wives, mothers, mistresses, wet-nurses and day-wage domestics, and these experiences within the urban working environment are shown to condition their identities as slaves. Although the outcomes of their lawsuits varied, Fractional Freedoms demonstrates how enslaved women used channels of affection and intimacy to press for liberty and prevent the generational transmission of enslavement to their children.

Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

An innovative narrative approach combines history, politics, and legal doctrine to explore the origin and evolution of Americans' constitutional right to free speech. In a field dominated by jargon-filled texts and march-of-progress treatments, this book presents an insightful introduction to freedom of speech, skillfully blending legal analysis with accounts of how staunchly contested historical, political, and cultural issues often influenced legal reasoning. The volume traces the origins of the freedom in English law and its development through the founding of the United States, and examines how the unique struggles of 19th century Americans over such issues as political parties, slavery, women's rights, and economic inequality transformed this traditional English right into a distinctively American one. The book outlines the ways in which the U.S. Supreme Court became the prime interpreter of the meaning of free speech and introduces readers to current court rulings on the First Amendment. It also speculates about the political and legal developments likely to emerge in the new century.