A liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this penetrating (...) critique of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows. (shrink)
This essay focuses on a recently prominent notion of ground which is distinctive for how it links metaphysics to explanation. Ground is supposed to serve both as the common factor in diverse in virtue of questions as well as the structuring relation in the project of explaining how some phenomena are “built” from more fundamental phenomena. My aim is to provide an opinionated synopsis of this notion of ground without engaging with others. Ground, so understood, generally resists illumination by appeal (...) to more familiar models of explanation. Nevertheless, its distinctive explanatory and metaphysical aspects guide us on characterizing its explanatory logic and its metaphysical features. Some issues concerning the meta-question of what grounds ground are explored, as well as some recent skeptical challenges to ground. (shrink)
A collection of 37 essays surveying the state of the art on metaphysical ground. -/- Essay authors are: Fatema Amijee, Ricki Bliss, Amanda Bryant, Margaret Cameron, Phil Corkum, Fabrice Correia, Louis deRosset, Scott Dixon, Tom Donaldson, Nina Emery, Kit Fine, Martin Glazier, Kathrin Koslicki, David Mark Kovacs, Stephan Krämer, Stephanie Leary, Stephan Leuenberger, Jon Litland, Marko Malink, Michaela McSweeney, Kevin Mulligan, Alyssa Ney, Asya Passinsky, Francesca Poggiolesi, Kevin Richardson, Stefan Roski, Noel Saenz, Benjamin Schnieder, Erica Shumener, Alexander Skiles, Olla Solomyak, (...) Tuomas Tahko, Naomi Thompson, Kelly Trogdon, Jennifer Wang, Tobias Wilsch, and Justin Zylstra. (shrink)
The idea that immoral behaviour can sometimes be admirable, and that moral behaviour can sometimes be less than admirable, has led several of its supporters to infer that moral considerations are not always overriding, contrary to what has been traditionally maintained. In this paper I shall challenge this inference. My purpose in doing so is to expose and acknowledge something that has been inadequately appreciated, namely, the moral aspect of nonmoral goods and evils. I hope thereby to show that, even (...) if immorality can be admirable, this poses no threat to morality. (shrink)
In this essay I elaborate a particular, and particularly important, morality: the morality of human rights. Next, I ask the ground-of-normativity question about the morality of human rights and go on to elaborate a religious response. Then, after explaining why one might be skeptical that there is a plausible secular response to the ground-of-normativity question, I comment critically on John Finnis's secular response. Finally, I consider what difference it makes if there is no plausible secular response to the ground-of-normativity question.
Consider the following situation. It is the first day of school, and the new third-grade students file into the classroom to be shown to their seats for the coming year. As they enter, the third-grade teacher notices one small boy who is particularly unkempt. He looks to be in desperate need of bathing, and his clothes are dirty, torn and tight-fitting. During recess, the teacher pulls aside the boy's previous teacher and asks about his wretched condition. The other teacher informs (...) her that he always looks that way, even though the boy's family is quite wealthy. The reason he appears as he does, she continues, is that the family observes an odd practice according to which the children do not receive many important things – food, clothing, bathing, even shelter – unless they specifically request them. Since the boy, like many third-graders, has little interest in bathing and clean clothes, he just never asks for them. (shrink)
In this book I address a dichotomy that is as central as any in ontology - that between ordinary objects or substances and the various attributes we associate with them. My aim is to arrive at the correct philosophical account of each member of the dichotomy. What I shall argue is that the various attempts to understand substances or attri butes in reductive terms fail. Talk about attributes, I shall try to show, is just that - talk about attributes; and, (...) likewise, talk about substances is just tha- talk about substances. The result is what many will find a strange combina tion of views - a Platonistic theory of attributes, where attributes are univer sals or multiply exemplifiable entities whose existence is independent of "the world of flux", and an Aristotelian theory of substance, where substances are basic unities not reducible to metaphysically more fundamental kinds of things. Part One is concerned with the ontology of attributes. After distinguishing three different patterns of metaphysical thinking about attributes, I examine, in turn, the phenomena of predication, resemblance, and higher order quanti fication. I argue that none of these phenomena by itself is sufficient to establish the inescapability of a Platonistic interpretation of attributes. Then, I discuss the phenomenon of abstract reference as it is exhibited in the use of abstract singular terms. (shrink)
This two-volume set addresses key historical, scientific, legal, and philosophical issues surrounding euthanasia and assisted suicide in the United States as well as in other countries and cultures. * Addresses the extended history of debates regarding the ethical justifiability of assisted suicide and euthanasia * Analyzes assisted suicide and euthanasia in many cultural, philosophical, and religious traditions * Provides an interdisciplinary perspective on the subject, including coverage of topics such as the depictions of assisted dying in popular culture, that enables (...) a more complete understanding of this emotionally charged controversy * Spotlights the latest medical and scientific developments and examines the role of technology in the ethical debates on assisted dying. (shrink)
A critique of contemporary critical theory that traces transformative shifts in the discipline during the twentieth century and argues for a reformulation of critical theory in order to ensure the legacy of its political project.
This paper critically explores Timothy Williamson’s view of evidence, and it does so in light of the problem of epistemic luck. Williamson’s view of evidence is, of course, a crucially important aspect of his novel and influential “knowledge-first” epistemological project. Notoriously, one crucial thesis of this project is that one’s evidence is equivalent to what one knows. This has come to be known as the E = K thesis. This paper specifically addresses Williamson’s knowledge-first epistemology and the E = K (...) thesis in the context of anti-luck epistemology and the idea that knowledge is factive. Williamson’s views on these matters are worth investigating in some detail because he subscribes to a well-worked out anti-luck view of knowledge that incorporates what is perhaps the most common anti-luck condition. But this paper is also of more general importance because the critique of Williamson’s views on these matters reveals some important things about the nature of evidence and evidence is one of the most fundamental concepts in epistemology. (shrink)
In the West, Harvard philosopher Michael Sandel is a thinker of unusual prominence. In China, he's a phenomenon, greeted by vast crowds. China Daily reports that he has acquired a popularity "usually reserved for Hollywood movie stars." China Newsweek declared him the "most influential foreign figure" of the year. In Sandel the Chinese have found a guide through the ethical dilemmas created by the nation's swift embrace of a market economy--a guide whose communitarian ideas resonate with aspects of China's (...) own rich and ancient philosophical traditions. Chinese citizens often describe a sense that, in sprinting ahead, they have bounded past whatever barriers once held back the forces of corruption and moral disregard. The market economy has lifted millions from poverty but done little to define ultimate goals for individuals or the nation. Is the market all there is? In this context, Sandel's charismatic, interactive lecturing style, which roots moral philosophy in real-world scenarios, has found an audience struggling with questions of their responsibility to one another. Encountering China brings together leading experts in Confucian and Daoist thought to explore the connections and tensions revealed in this unlikely episode of Chinese engagement with the West. The result is a profound examination of diverse ideas about the self, justice, community, gender, and public good. With a foreword by Evan Osnos that considers Sandel's fame and the state of moral dialogue in China, the book will itself be a major contribution to the debates that Sandel sparks in East and West alike.--. (shrink)
An Aims-based Curriculum spells out a ground-breaking alternative to the familiar school curriculum constructed around a number of largely academic subjects. Its starting point is not subjects, but what schools should be for. It argues that aims are not to be seen as high-sounding principles that can be easily ignored: they are the lifeblood of everything a school does. -/- The book begins with general aims to do with equipping each learner to lead a personally fulfilling life, and to help (...) others to do so too. From these, they derive more specific aims covering the personal qualities, skills and understanding needed for a life of personal, civic and vocational well-being. -/- The second half of the book, on political realities of implementation, takes this process of aims-derivation further. Some of its detailed aims, but by no means all, overlap with conventional curriculum objectives. It also looks at the role of the state in curriculum decisions, as well as the implications of the book’s central argument for student choice, school ethos, assessment, inspection and teacher education . (shrink)
Hans Reichenbach’s pragmatic treatment of the problem of induction in his later works on inductive inference was, and still is, of great interest. However, it has been dismissed as a pseudo-solution and it has been regarded as problematically obscure. This is, in large part, due to the difficulty in understanding exactly what Reichenbach’s solution is supposed to amount to, especially as it appears to offer no response to the inductive skeptic. For entirely different reasons, the significance of Bertrand Russell’s classic (...) attempt to solve Hume’s problem is also both obscure and controversial. Russell accepted that Hume’s reasoning about induction was basically correct, but he argued that given the centrality of induction in our cognitive endeavors something must be wrong with Hume’s basic assumptions. What Russell effectively identified as Hume’s (and Reichenbach’s) failure was the commitment to a purely extensional empiricism. So, Russell’s solution to the problem of induction was to concede extensional empiricism and to accept that induction is grounded by accepting both a robust essentialism and a form of rationalism that allowed for a priori knowledge of universals. So, neither of those doctrines is without its critics. On the one hand, Reichenbach’s solution faces the charges of obscurity and of offering no response to the inductive skeptic. On the other hand, Russell’s solution looks to be objectionably ad hoc absent some non-controversial and independent argument that the universals that are necessary to ground the uniformity of nature actually exist and are knowable. This particular charge is especially likely to arise from those inclined towards purely extensional forms of empiricism. In this paper the significance of Reichenbach’s solution to the problem of induction will be made clearer via the comparison of these two historically important views about the problem of induction. The modest but important contention that will be made here is that the comparison of Reichenbach’s and Russell’s solutions calls attention to the opposition between extensional and intensional metaphysical presuppositions in the context of attempts to solve the problem of induction. It will be show that, in effect, what Reichenbach does is to establish an important epistemic limitation of extensional empiricism. So, it will be argued here that there is nothing really obscure about Reichenbach’s thoughts on induction at all. He was simply working out the limits of extensional empiricism with respect to inductive inference in opposition to the sort of metaphysics favored by Russell and like-minded thinkers. (shrink)
What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial with?literary justice?: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and (...) archival documentation and critical theoretical discourses, Shapiro?s War Crimes, Atrocity, and Justice challenges traditional notions of?responsibility? in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science. (shrink)
This paper introduces two new paradoxes for standard deontic logic (SDL). They are importantly related to, but distinct from Ross' paradox. These two new paradoxes for SDL are the simple weakening paradox and the complex weakening paradox. Both of these paradoxes arise in virtue of the underlaying logic of SDL and are consequences of the fact that SDL incorporates the principle known as weakening. These two paradoxes then show that SDL has counter-intuitive implications related to disjunctive obligations that arise in (...) virtue of deontic weakening and in virtue of decisions concerning how to discharge such disjunctive obligations. The main result here is then that theorem T1 is a problematic component of SDL that needs to be addressed. (shrink)
The Free Will Defence has been attacked as being unsound, implausible and, more recently, irrelevant. The first section of the paper returns to a discussion on the relevance of the Free Will Defence, arguing that the case for its irrelevance is inextricably impaled on the horns of a dilemma. In the second section it is shown that Free Will Theodicy, even in a form extended to include natural evil, need not be as implausible as it is sometimes portrayed for it (...) demands no more than that good, on the whole, outweighs evil, on the whole. Finally, some tempting objections to the strategy employed in this argument are considered and rejected, both on the grounds that they are untenable in themselves and on the paradoxical ground that, if valid, the objections would appear to rule out any creation. (shrink)
Michael J. Zimmerman explores whether and how our ignorance about ourselves and our circumstances affects what our moral obligations and moral rights are. He rejects objective and subjective views of the nature of moral obligation, and presents a new case for a 'prospective' view.
The renaissance in Hegel scholarship over the past two decades has largely ignored or marginalized the metaphysical dimension of his thought, perhaps most vigorously when considering his social and political philosophy. Many scholars have consistently maintained that Hegel’s political philosophy must be reconstructed without the metaphysical structure that Hegel saw as his crowning philosophical achievement. This book brings together twelve original essays that explore the relation between Hegel’s metaphysics and his political, social, and practical philosophy. The essays seek to explore (...) what normative insights and positions can be obtained from examining Hegel’s distinctive view of the metaphysical dimensions of political philosophy. His ideas about the good, the universal, freedom, rationality, objectivity, self-determination, and self-development can be seen in a new context and with renewed understanding once their relation to his metaphysical project is considered. _Hegel’s Metaphysics and the Philosophy of Politics_ will be of great interest to scholars of Hegelian philosophy, German Idealism, nineteenth-century philosophy, political philosophy, and political theory. (shrink)
What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial with literary justice: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy (...) and archival documentation and critical theoretical discourses, Shapiros War Crimes, Atrocity, and Justice challenges traditional notions of responsibility in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science. (shrink)
Prussia's Edict on Religion of 1788 forbade sermons that undermined popular belief in the Holy Trinity and the Bible. Scholars have assumed that this act was counter-enlightened because it limited the free use of reason in public. An analysis of two court cases related to the edict reveals, however, that both the edict and its “enlightened” opponents within the state assumed that public expression should be disciplined. With respect to the enlightened bureaucratic elite that opposed the edict, it identifies two (...) factors that impelled them toward the disciplining of public communication: 1) German universities created an elite social group that assiduously cultivated its own intellectual sphere, and 2) having access to state power gave each member of the elite something to lose if the process of the Enlightenment proved politically or socially destabilizing. As a result, the fight over the Edict on Religion cannot be understood in terms of an Enlightenment/counter-Enlightenment dichotomy, but must be seen as a debate within the German elite about the level of social discipline that was sufficient for maintaining domestic tranquility. (shrink)
In _The Political Sublime_ Michael J. Shapiro formulates an original politics of aesthetics through an analysis of the experience of the sublime. Turning away from Kant's analysis of the sublime experience as a validation of the existence of a universal common sense, Shapiro draws on Deleuze, Lyotard, and Rancière to show how incomprehensible events and dilemmas provide openings for new political formations. He approaches the sublime through a range of artistic and cultural texts that address social crises and natural (...) disasters, from the writing of James Baldwin and Ta-Nehisi Coates to the films of Ingmar Bergman and Spike Lee; these works suggest ways to channel the disruptive effects of the sublime into resistance to authority and innovative political initiative. Whether stemming from the threat of nuclear annihilation or the aftermath of an earthquake, the violence of racism and terrorism or the devastation of industrialism, sublime experience, Shapiro contends, allows for a rethinking of events in ways that reveal, redistribute, and create conditions of possibility for alternative communities of sense. (shrink)
Every choice we make is set against a background of massive ignorance about our past, our future, our circumstances, and ourselves. Philosophers are divided on the moral significance of such ignorance. Some say that it has a direct impact on how we ought to behave - the question of what our moral obligations are; others deny this, claiming that it only affects how we ought to be judged in light of the behaviour in which we choose to engage - the (...) question of what responsibility we bear for our choices. Michael Zimmerman claims that our ignorance has an important bearing on both questions, and offers an account of moral obligation and moral responsibility that is sharply at odds with the prevailing wisdom. His book will be of interest to a wide range of readers in ethics. (shrink)
It is not very surprising that it was no less true in antiquity than it is today that adult human beings are held to be responsible for most of their actions. Indeed, virtually all cultures in all historical periods seem to have had some conception of human agency which, in the absence of certain responsibility-defeating conditions, entails such responsibility. Few philosophers have had the temerity to maintain that this entailment is trivial because such responsibility-defeating conditions are always present. Another not (...) very surprising fact is that ancient thinkers tended to ascribe integrality to "what is". That is, they typically regarded "what is" as a cosmos or whole with distinguishable parts that fit together in some coherent or cohesive manner, rather than either as a "unity" with no parts or as a collection containing members standing in no "natural" relations to one another. 1 The philoso phical problem of determinism and responsibility may, I think, best be characterized as follows: it is the problem of preserving the phenomenon of human agency when one sets about the philosophical or scientific task of explaining the integrality of "what is" by means of the development of a theory of causation or explanation. (shrink)
_Metaphysics: A Contemporary Introduction_ is for students who have already completed an introductory philosophy course and need a fresh look at the central topics in the core subject of metaphysics. It is essential reading for any student of the subject. This Fourth Edition is revised and updated and includes two new chapters on Parts and Wholes, and Metaphysical Indeterminacy or vagueness. This new edition also keeps the user-friendly format, the chapter overviews summarizing the main topics, concrete examples to clarify difficult (...) concepts, annotated further reading at the end of each chapter, endnotes, and a full bibliography. Topics addressed include: the problem of universals the nature of abstract entities the problem of individuation the nature of modality identity through time the nature of time the nature of parts and wholes the problem of metaphysical indeterminacy the Realism/anti-Realism debate. Wherever possible, Michael J. Loux and Thomas M. Crisp relate contemporary views to their classical sources in the history of philosophy. As experienced teachers of philosophy and important contributors to recent debates, Loux and Crisp are uniquely qualified to write this book. (shrink)
The principal aim of this book is to develop and defend an analysis of the concept of moral obligation. The analysis is neutral regarding competing substantive theories of obligation, whether consequentialist or deontological in character. What it seeks to do is generate solutions to a range of philosophical problems concerning obligation and its application. Amongst these problems are deontic paradoxes, the supersession of obligation, conditional obligation, prima facie obligation, actualism and possibilism, dilemmas, supererogation, and cooperation. By virtue of its normative (...) neutrality, the analysis provides a theoretical framework within which competing theories of obligation can be developed and assessed. This study is a major contribution to metaethics that will be of particular interest to all philosophers concerned with normative ethical theory. (shrink)
Intrinsic value has traditionally been thought to lie at the heart of ethics. Philosophers use a number of terms to refer to such value. The intrinsic value of something is said to be the value that that thing has “in itself,” or “for its own sake,” or “as such,” or “in its own right.” Extrinsic value is value that is not intrinsic.
At the heart of ethics reside the concepts of good and bad; they are at work when we assess whether a person is virtuous or vicious, an act right or wrong, a decision defensible or indefensible, a goal desirable or undesirable. But there are many varieties of goodness and badness. At their core lie intrinsic goodness and badness, the sort of value that something has for its own sake. It is in virtue of intrinsic value that other types of value (...) may be understood, and hence that we can begin to come to terms with questions of virtue and vice, right and wrong, and so on. This book investigates the nature of intrinsic value: just what it is for something to be valuable for its own sake, just what sort of thing can have such value, just how such a value is to be computed. In the final chapter, the fruits of this investigation are applied to a discussion of pleasure, pain, and displeasure and also of moral virtue and vice, in order to determine just what value lies within these phenomena. (shrink)
The proper role of religious faith in the public life of a liberal democracy is one of the most important and controversial issues in the United States today. Since the publication in 1991 of his book Love and Power, Michael J. Perry's important writings on this issue have been among the most insightful. In this new book, Perry argues that political reliance on religious faith violates neither the Establishment Clause of the United States Constitution nor, more broadly, the morality (...) of liberal democracy. Nonetheless, Perry argues, religious believers sometimes have good reasons to be wary about relying on religious beliefs in making political decisions. Along the way, Perry thoughtfully addresses three subjects at the center of fierce contemporary political debate: school vouchers, same-sex marriage, and abortion. (shrink)
This paper argues that the famous passage that compares Kant’s efforts to reform metaphysics with his transcendental idealism to the earlier Copernican revolution in astronomy has a more systematic significance than many recognize. By examining the totality of Kant’s references to Copernicus, one can see that Kant’s analogy points to more than just a similar reversal of perspective. By situating Kant’s comments about Copernicus in relation to his understanding of the logic implicit in the great revolutions in mathematics and natural (...) science, this paper argues that Kant’s appeal to the Copernican revolution in astronomy as a forebear to his own transcendental project indicates that his attempt to revolutionize metaphysics by setting it on the secure path of the sciences demands a shift in how we think of the proper object of metaphysics. (shrink)
This volume studies the origin and evolution of philosophical interest in Aristotle's Categories, and illuminates the earliest arguments for Aristotle's approach to logic as the foundation of higher education.
_Metaphysics: A Contemporary Introduction_ is for students who have already completed an introductory philosophy course and need a fresh look at the central topics in the core subject of metaphysics. It is essential reading for any student of the subject. This Fourth Edition is revised and updated and includes two new chapters on Parts and Wholes, and Metaphysical Indeterminacy or vagueness. This new edition also keeps the user-friendly format, the chapter overviews summarizing the main topics, concrete examples to clarify difficult (...) concepts, annotated further reading at the end of each chapter, endnotes, and a full bibliography. Topics addressed include: the problem of universals the nature of abstract entities the problem of individuation the nature of modality identity through time the nature of time the nature of parts and wholes the problem of metaphysical indeterminacy the Realism/anti-Realism debate. Wherever possible, Michael J. Loux and Thomas M. Crisp relate contemporary views to their classical sources in the history of philosophy. As experienced teachers of philosophy and important contributors to recent debates, Loux and Crisp are uniquely qualified to write this book. (shrink)
Introduction: Doing the right thing -- Utilitarianism : Bentham and J.S. Mill -- Libertarianism -- John Locke -- Markets and morals -- Immanuel Kant -- John Rawls -- Affirmative action -- Aristotle -- Liberals and communitarians -- Conclusion: Reconnecting politics and morals.
This comprehensive anthology of classic and contemporary readings by leading philosophers complements the second edition of Michael Loux's _Metaphysics: A Contemporary Introduction_.
In this book G. W. Leibniz presents not only his reflections on predestination and election but also a more detailed account of the problem of evil than is found in any of his other works apart from the _Theodicy_. Surprisingly, his _Dissertation on Predestination and Grace_ has never before been published in any form. Michael J. Murray's project of translating, editing, and providing commentary for the volume will therefore attract great interest among scholars and students of Leibniz's philosophy and (...) theology. Leibniz addresses such topics as free will, moral responsibility, divine causation, justice, punishment, divine foreknowledge, and human freedom, revealing crucial aspects of the genesis of his mature metaphysics and the theological motivations behind it. (shrink)
New pedagogical visions and technological developments have brought argumentation to the fore of educational practice. Whereas students previously 'learned to 'argue', they now 'argue to learn': collaborative argumentation-based learning has become a popular and valuable pedagogical technique, across a variety of tasks and disciplines. Researchers have explored the conditions under which arguing to learn is successful, have described some of its learning potentials and have developed Internet-based tools to support such learning. However, the further advancement of this field presently faces (...) several problems, which the present book addresses. Three dimensions of analysis - historical, theoretical and empirical - are integrated throughout the book. Given the nature of its object of study - dialogue, interaction, argumentation, learning and teaching - the book is resolutely multidisciplinary, drawing on research on learning in educational and psychological sciences, as well as on philosophical and linguistic theories of dialogue and argumentation. (shrink)
In this important book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it (...) is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: is the challenged law unconstitutional? Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment? Perry not only illuminates moral controversies that implicate one or more constitutionally entrenched human rights, but also the fundamental question of the Supreme Court's proper role in adjudicating such controversies. (shrink)