Toleration and the Constitution

The author argues the relevance of philosophical and political theory for the interpretation of law, and especially for constitutional interpretation. He surveys all of the major contemporary theories of constitutional interpretation, and concludes that 'interpretivism', the view that interpretation should concern itself only with the text of the American Constitution and the intentions of its framers, is invalid. He presents both historical and theoreticalarguments in support of a contractarian theory of interpretation - a theory that affirms the moral sovereignty of the people, and maintains that toleration, or respect for conscience and individual freedom, isthe central constitutional ideal. The book goes on to examine some of the implications of this theory through important issues in constitutional law: freedom of religion, speech, and privacy.

“"The virtues of the book are manifest: it is clearly and vigorously argued, richly illustrated, and goes straight to the heart of issues that are of deep concern."--University of Toronto Law Journal "A challenging, well-thought-out work that...should spur further discourse."--The Historian "Deserves the serious attention of constitutional scholars and judges."--American Historical Review "Stimulating theoretical, historical, and legal scholarship."--Choice”

"The virtues of the book are manifest: it is clearly and vigorously argued, richly illustrated, and goes straight to the heart of issues that are of deep concern."--University of Toronto Law Journal"A challenging, well-thought-out work that...should spur further discourse."--The Historian"Deserves the serious attention of constitutional scholars and judges."--American Historical Review"Stimulating theoretical, historical, and legal scholarship."--Choice"The virtues of the book are manifest: it is clearly and vigorously argued, richly illustrated, and goes straight to the heart of issues that are of deep concern."--University of Toronto Law Journal"A challenging, well-thought-out work that...should spur further discourse."--The Historian"Deserves the serious attention of constitutional scholars and judges."--American Historical Review"Stimulating theoretical, historical, and legal scholarship."--Choice

Richards is Edwin D. Webb Professor of Law and director of the Program for the Study of Law, Philosophy, and Social Theory at New York University.

Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy, to abortion, and consensual adult sexual relations.

This item is eligible for free returns within 30 days of delivery. See our returns policy for further details.