No Place for Ethics: Judicial Review, Legal Positivism, and the Supreme Court of the United States

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T. Patrick Hill

No Place for Ethics

Judicial Review, Legal Positivism, and the Supreme Court of the United States

T. Patrick Hill

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English

Fairleigh Dickinson University Press
01 October 2021

Ethics & moral philosophy; Jurisprudence & philosophy of law; Judicial powers

Series: The Fairleigh Dickinson University Press Series in Law, Culture, and the Humanities

In No Place for Ethics, Hill argues that contemporary judicial review by the Supreme Court rests on its mistaken positivist understanding of law—law simply because so ordered—as something separate from ethics. To assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or making ethics an expression of law.

To address this mistake, Hill contends that an understanding of natural law theory provides the basis for a constitutive relation between ethics and law without confusing their distinct role in answering the basic question, how should I behave in society?

To secure that relation, the Court has an overriding responsibility when carrying out its review to do so with reference to normative ethics from which the US Constitution is derived and to which it is accountable. While the Constitution confirms, for example, the liberty interests of individuals, it does not originate those interests which have their origin in human rights that long preceded it.

Essential to this argument is an appreciation of ethics as objective and normatively based on principles, like that of justice and truth that ought to inform human behavior at its very springs. Applied in an analysis of five major Supreme Court cases, this appreciation of ethics reveals how wrongly decided these cases are.

By: T. Patrick Hill
Imprint: Fairleigh Dickinson University Press
Country of Publication: United States
Dimensions: Height: 229mm, Width: 159mm, Spine: 21mm
Weight: 585g
ISBN: 9781683933236
ISBN 10: 1683933230
Series: The Fairleigh Dickinson University Press Series in Law, Culture, and the Humanities
Pages: 240
Publication Date: 01 October 2021
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

T. Patrick Hill is associate professor at the Edward J. Bloustein School of Planning and Public Policy at Rutgers University.

Reviews for No Place for Ethics: Judicial Review, Legal Positivism, and the Supreme Court of the United States

Is the American constitution a “dead” document—an end in itself—as Associate Justice Antonin Scalia maintained, or should it, through a grounding in ethics, be seen as a means of upholding the rights of the people? Through an acute analytic framework and close analysis of five SCOTUS cases, Patrick Hill demonstrates how a sterile formalism has frustrated justice and distorted the law’s true purposes. This is a timely book. -- Harry Keyishian, Professor Emeritus of English, Fairleigh Dickinson University, and former Director, Fairleigh Dickinson University Press Professor Hill provides a compelling anodyne for the ideological “isms” that animate the current decisions of our nation's highest tribunal. All called to the bench and bar will be inspirited by the author's singular passion for justice. -- Hon. Hon. Paul W. Armstrong, Rutgers University