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  

Howard J. Vogel

Hamline University - School of Law

Date Written: January 1, 1986

Abstract

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

Vogel, Howard J., Welfare Rights and the Constitutional Ethic of Justice Thurgood Marshall (January 1, 1986). Annual of the Society of Christian Ethics, Vol. 93, 1986. Available at SSRN: https://ssrn.com/abstract=1935089

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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