Ordered Liberty: Rights, Responsibilities, and Virtues by James E. Fleming
By James E. Fleming
Many have argued lately that the U.S. constitutional approach exalts person rights over duties, virtues, and the typical reliable. Answering the fees opposed to liberal theories of rights, James Fleming and Linda McClain strengthen and safeguard a civic liberalism that takes tasks and virtues—as good as rights—seriously. they supply an account of ordered liberty that protects easy liberties stringently, yet no longer totally, and allows executive to motivate accountability and inculcate civic virtues with no sacrificing own autonomy to collective determination.
The conflict over same-sex marriage is one of the present controversies the authors use to protect their knowing of the connection between rights, obligations, and virtues. opposed to accusations that same-sex marriage severs the rights of marriage from liable sexuality, procreation, and parenthood, they argue that same-sex search an analogous rights, tasks, and items of civil marriage that opposite-sex pursue. Securing their correct to marry respects person autonomy whereas additionally selling ethical items and virtues. different matters to which they follow their inspiration of civic liberalism comprise reproductive freedom, the right kind roles and rules of civil society and the relatives, the schooling of kids, and clashes among First modification freedoms (of organization and faith) and antidiscrimination legislation. Articulating universal flooring among liberalism and its critics, Fleming and McClain advance an account of obligations and virtues that appreciates the price of range in our morally pluralistic constitutional democracy.
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Additional info for Ordered Liberty: Rights, Responsibilities, and Virtues
Example text
Furthermore, a significant ground for limiting rights that Dworkin recognized is the conflicting rights of others, especially conflicts between rights to the state’s protection and rights to be free from the state’s interference. In such situations, the more important right should prevail over the less important. ”72 Finally, Dworkin’s account did not presume to answer all questions as to how the moral responsibilities of citizens should guide their lives and exercise of their rights or how government and citizens might attempt in noncoercive ways to shape others’ exercise of rights.
55 Indeed, the cases themselves dispel any illusion of absoluteness concerning rights of privacy or autonomy and manifest judgment of the very sort that Glendon calls for and that Scalia would banish. The constitutional liberalism developed in this book does not seek to protect rights absolutely or to avoid judgment in interpreting rights. Instead, it justifies reasoned judgment, protecting important rights but not precluding government from encouraging responsibility or inculcating civic virtues.
54 The social message that people are said to infer from immunity is that they have a right to be insulated from the moral claims or scrutiny of others. Although immunity creates social costs, the irresponsibility critique appears to accept immunity as a feature of legal rights. Yet its call for a rhetoric of rights attentive to their social costs suggests ambivalence. And the critique vigorously rejects any leap from legal immunity to social unaccountability. In assessing the immunity critique, we should ask whether legal rights in fact immunize right-�holders from liability for imposing social costs or harms on others.