Evolving Objective Standards: A Developmental Approach to Constitutional Review of Morals Legislation

Abstract

Many scholars have attempted to describe what they see as the proper role of moral judgment in adjudication and constitutional interpretation. Conspicuously missing from this discussion, however, is empirical research about moral and psychological development. Courts and scholars alike have spoken of evolving or developing standards, but rarely do they invoke the findings of psychologists and social researchers who make a career studying evolving and developing standards and abilities. This Note aims to begin filling that void.

Keywords: morals, legislation, constitution, integral, wilber, kohlberg, development, spiral dynamics, equal protection, due process