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Social Ethics as a Resource in Constitutional Adjudication

Annual Society of Christian Ethics, p. 273, 1984

41 Pages Posted: 2 Apr 2013  

Howard J. Vogel

Hamline University - School of Law

Date Written: January 1, 1984

Abstract

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

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

Howard J. Vogel (Contact Author)

Hamline University - School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

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