Annual Society of Christian Ethics, p. 273, 1984
41 Pages Posted: 2 Apr 2013
Date Written: January 1, 1984
This paper is an invitation to ethicists to join with lawyers in a new collaborative enterprise, namely the day-to-day work of Constitutional litigation, actively participating in the litigation process. It explores the need for two tasks to be carried out: (1) the need for ethicists to focus on the ethical nature of the adjudicatory task and evaluate decisions based on ethics and (2) the need for ethicists to actively collaborate with lawyers in cases involving rights-based Constitutional claims. The author argues that Constitutional adjudication in human rights cases is a form of ethical discourse. Judicial tasks need to be carried out with an appreciation of this phenomenon as an expression of the intersection and interaction of law and religion.
Keywords: Social ethics, ethicists, Constitutional adjudication, law and religion
JEL Classification: D71, K00, K4
Suggested Citation: Suggested Citation
Vogel, Howard J., Social Ethics as a Resource in Constitutional Adjudication (January 1, 1984). Annual Society of Christian Ethics, p. 273, 1984. Available at SSRN: https://ssrn.com/abstract=1929576