Chapter

Self-Authorship and Substantive Justice

ALAN BRUDNER

in Constitutional Goods

Published in print March 2007 | ISBN: 9780199225798
Published online January 2010 | e-ISBN: 9780191706516 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199225798.003.0006
Self-Authorship and Substantive Justice

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law

GO

Show Summary Details

Preview

This chapter derives the constitutional doctrines flowing from the state's duty under the egalitarian paradigm to cultivate the conditions for everyone's living a self-authored life. In particular, it derives a right against strict criminal responsibility for harmful consequences, a right to express in right-respecting action one's conscientious beliefs, a right to state accommodation of conscientious belief where this is compatible with egalitarian public goals, and a qualified right to physician-assisted suicide. However, it criticizes those products of the egalitarian constitution flowing from the premise that the egalitarian principle is fundamental rather than part of a larger scheme. Specifically, it criticizes the egalitarian tendency toward strong legal paternalism, its repudiation of objective morality, and its inability to conceive of reasonable limits on the obscene and hateful public expression of conscientiously held beliefs.

Keywords: self-authorship; criminal responsibility; free expression; physician-assisted suicide; legal paternalism; objective morality; obscenity; hate speech

Chapter.  20105 words. 

Subjects: Constitutional and Administrative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.