Welfare Rights and the Constitutional Ethic of Justice Thurgood Marshall
Annual of the Society of Christian Ethics, Vol. 93, 1986
36 Pages Posted: 3 Apr 2013
Date Written: January 1, 1986
This paper is part of a large dialogue which the constitutional law scholar Michael Perry has described as “constitutional conversation.” This collaboration between ethics and law in service of law’s quest for justice is therefore, in the author's view, an effort then to secure expansion and elaboration of existing legal doctrine by bringing ethical analysis into the Constitutional conversation as a resource. It is emphatically not an effort to collapse Constitutional theory into ethics, nor is this paper an argument in support of a “Christian Constitutional Theory.” This effort is based on the assumption that ethical analysis has an important role to play in the constitutional conversation. It endeavors to bring a more disciplined kind of ethical analysis than the undisciplined and frequently unconscious kind seen in judicial opinions.
Keywords: Welfare rights, constitutional ethic, constitutional theory, Christian, justice
JEL Classification: K00, H53, I3, I38
Suggested Citation: Suggested Citation