In this book, Michael Perry addresses several fundamental questions about the proper role of religion in the politics of a liberal democracy, which is a central, recurring issue in the politics of the United States. The controversy about religion in politics comprises both constitutional and moral questions.

Annotation. In this sequel to his Morality, Politics, and Law, Michael Perry addresses the proper relation of moral convictions to the politics of a morally pluralistic society. While his analysis focuses on religious morality, Perry's argument applies to morality generally. Contending that nojustification of a contested political choice can be neutral among competing conceptions of human good, the author develops an ideal of "ecumenical politics" in which moral convictions about human good can be brought to bear in a productive way (...) in political argument. (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.

Democracy is rule of the people, but this tells us little, and lack of conceptual clarity creates confusion and undermines productive discussion. This paper explores four dimensions of democracy, articulating ways we can think about and apply the concept. The first concerns who we mean by the people, and here a state is more democratic when its body-politic is more inclusive. The other three concern what it means for the people to rule, and pertain to the theoretical principle of democracy, (...) sovereign structures that are democratic, and actual democratic practice within a state. Distinguishing the dimensions is important because states can be more or less democratic along different dimensions. Thinking in terms of the dimensions of democracy enables more precise and productive debate on democratic government. Moreover, it reveals ways that democracy may change and evolve in the 21st century. (shrink)

For readers engaged in intellectual struggle, ethical thinking, and trying to figure out how to live a purposeful, fulfilling life, here is a critical and accessible approach to ethics. Moral dilemmas challenge us to think through sticky situations and lead us to look for moral grounding. Following Cicero and other ancient philosophers, the author views ethics in terms of the question of who and what sort of person one ought to be, without relying on religion or any other prescriptions.

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)

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)

There has been growing interest in, and scholarly attention to, issues and questions that arise within the subject matter domain we may call "human rights theory". See, in particular, Amartya Sen, "Elements of a Theory of Human Rights," 32 Philosophy & Public Affairs 315 (2004); James W. Nickel, Making Sense of Human Rights (rev. ed. 2006); Michael J. Perry, Toward a Theory of Human Rights: Religion, Law, Courts (2007); James Griffin, On Human Rights (2008); Nicholas Wolterstorff, Justice: Rights and Wrongs (...) (2008). This essay - a version of which will appear in a multi-authored collection of essays to be published by Oxford University Press in 2009 - is intended as a contribution to human rights theory. These are the principal questions, or sets of questions, I address in the essay:1. What is the morality of human rights - by which I mean the morality that, according to the International Bill of Human Rights, is the principal warrant for the law of human rights?2. How does the morality of human rights warrant the law of human rights?3. Some human-rights-claims are legal claims, but some are moral claims, and some are both. What does a human-rights-claim of the legal sort mean? A human-rights-claim of the moral sort? And when does it make sense to think of a right that only some human beings have - children, for example - as a human right?4. Is there a plausible secular ground for the morality of human rights?5. At the end of the proverbial day, what difference does it make - why should we care - if there is no plausible secular ground for the morality of human rights?Comments and questions welcome. (shrink)

`What is the proper relation of moral and religious beliefs to politics and law, especially in a society that, like the United States, is morally and religiously pluralistic?' In Morality, Politics, and Law, noted constitutional theorist Michael Perry answers this fundamental question, criticizing the vision of constitutional adjudication and defending a more liberal philosophy of constitutional interpretation.

The question whether in a liberal democracy religion may serve as a basis of law-making should be desaggregated into two distinct questions. First, is religion a morally legitimate basis of law-making in a liberal democracy? Second, is religion a constitutionally legitimate basis of law-making in the United States? My focus in this article is on the second question, which, as a question about constitutional legitimacy, should not be confused with the first question, which is about moral legitimacy. Like other liberal (...) democracies, the United States is committed to the right to freedom of religious practice. Unlike most other liberal democracies, however, the United States is also committed to the non-etablishment of religion. According to the constitutional law of the United States, law-makers and other government officials may neither prohibit the `free exercise' of religion nor `establish' religion. Does the non-establishment norm ban religion as a basis of law-making? More precisely, should the non-establishment norm be understood to ban laws for which the only discernible rationale — or, at least, the only discernible rationale other than an implausible secular rationale — is religious? (shrink)

In this important new work in political and constitutional theory, Michael J. Perry elaborates and defends an account of the political morality of liberal democracy: the moral convictions and commitments that in a liberal democracy should govern decisions about what laws to enact and what policies to pursue. The fundamental questions addressed in this book concern the grounding, the content, the implications for one or another moral controversy and the judicial enforcement of the political morality of liberal democracy. The particular (...) issues discussed include whether government may ban pre-viability abortion, whether government may refuse to extend the benefit of law to same-sex couples and what role religion should play in the politics and law of a liberal democracy. (shrink)

Twenty years ago, Australian biomedical researchers took the first steps along a pathway toward common ground with opponents of the use of animals in science. Leaders of Australian medical research at that time saw the necessity of established science facing the ethical and political challenges that a revived antivivisectionist movement was mounting in the late 1970s and the 1980s.