Michael J. Perry
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Books

Constitutional Rights, Moral Controversy, and the Supreme Court
2008
In this important new 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 i....[more]
Toward a Theory of Human Rights : Religion, Law, Courts
2006
Neither the morality of human rights nor its relation to the law of human rights is well understood. In this book, Michael Perry addresses three large issues: o There is undeniably a religious ground - indeed, more than one religious ground - for the morality of human rights. But is there a nonreligious (secular) ground for the morality of human rights? o What is the relation between the morality of human rights and the law of human rights? Perry here addresses the controversial issues of capita....[more]
Under God? : Religious Faith and Liberal Democracy
2000
Michael J. Perry has become well-known as a commentator on the role of faith in the public life of a liberal democracy over the past twelve years. Perry argues in this new book that political reliance on religious faith violates neither the Establishment Clause of the United States Constitution nor, more broadly, the morality of liberal democracy. However, he also believes that religious believers sometimes have good reasons to be wary about relying on religious beliefs in making political decis....[more]
We the People : The Fourteenth Amendment and the Supreme Court
1999
Several of the most divisive moral conflicts that have beset Americans in the period since World War II have been transmuted into constitutional conflicts and resolved as such. In his new book, eminent legal scholar Michael Perry evaluates the grave charge that the modern Supreme Court has engineered a "judicial usurpation of politics." In particular, Perry inquires which of several major Fourteenth Amendment conflicts--over race segregation, race-based affirmative action, sex-baseddiscriminatio....[more]
The Idea of Human Rights : Four Inquiries
1998
Inspired by a 1988 trip to El Salvador, Michael J. Perry's new book is a personal and scholarly exploration of the idea of human rights. Perry is one of our nation's leading authorities on the relation of morality, including religious morality, to politics and law. He seeks, in this book, to disentangle the complex idea of human rights by way of four probing and interrelated essays. The book will appeal to students of many disciplines, including (but not limited to) law, philosophy, religion, an....[more]
Religion in Politics : Constitutional and Moral Perspectives
1997
Most Americans are religious believers. Among these there is disagreement about many fundamental religious/moral matters. Because the United States is both such a religious country and such a religiously pluralistic country, the issue of the proper role of religion in politics is extremely important to political debate. In Religion in Politics, Michael Perry addresses a fundamental question: what role may religious arguments play, if any, either in public debate about what political choices to m....[more]
The Constitution in the Courts : Law or Politics?
1994
In the modern period of American constitutional law--the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954)--there has been a persistent and vigorous debate in the United States about whether the Court has merely been enforcing the Constitution or whether, instead, in the guise of enforcing the Constitution, the Court has really been usurping the legislative prerogative of making political choices about controversial issues. In....[more]
The Political Morality of Liberal Democracy
2009
In this important new work in political and constitutional theory, Michael 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 (1) the grounding, (2) the content, (3) the implications for one or another moral controversy, and (4) the judicial enforcement of the p....[more]
Love and Power : The Role of Morality and Religion in American Politics
1991
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 no justification 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 ....[more]
Love and Power : The Role of Religion and Morality in American Politics
1991
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 t....[more]
Morality, Politics, and Law : A Bicentennial Essay
1988
Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.
Morality, Politics, and Law
1975
Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisivepolitical, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.
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