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Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
In US law, the phrase typically describes whether or not the due process requirement of the Fourteenth Amendment to the United States Constitution has been met. [2] The term originally entered into case law with Rochin v. California (1953). This balancing test is often cited as having subsequently been used in a particularly subjective manner ...
Political ethics (also known as political morality or public ethics) is the practice of making moral judgments about political action and political agents. [1] It covers two areas: the ethics of process (or the ethics of office), which covers public officials and their methods, [2] [3] and the ethics of policy (or ethics and public policy), which concerns judgments surrounding policies and laws.
Scott Shapiro's Planning Theory of Law [2] is built upon two concepts: the nature of legal institutions and the nature of legal norms. The thesis of the Planning Theory argues how legal norms function as shared plans that legal institutions implement in order to exercise social control and governance, regardless of the moral merits of those norms and institutions.
Principlism is an applied ethics approach to the examination of moral dilemmas centering the application of certain ethical principles. This approach to ethical decision-making has been prevalently adopted in various professional fields, largely because it sidesteps complex debates in moral philosophy at the theoretical level.
Matthew Grothouse argued in his work that the Obergefell majority opinion, by upholding the right to same-sex marriage, aligns with extending substantive due process to "important conduct implicit in the concept of ordered liberty." This approach argues for a more expansive view of protected liberties, recognizing that understanding fundamental ...
Ethical idealism, [1] which is also referred to by terms such as moral idealism, [2] [3] principled idealism, [4] and other expressions, is a philosophical framework based on holding onto specifically defined ideals in the context of facing various consequences to holding such principles and/or values.
MacIntyre emphasizes the importance of moral goods defined in respect to a community engaged in a 'practice'—which he calls 'internal goods' or 'goods of excellence'—rather than focusing on the practice-independent obligation of a moral agent (deontological ethics) or the consequences of a particular act (utilitarianism). Before its recent ...