Reflections on Life, Death, and the Constitution

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University Press of Kentucky, Jul 17, 2009 - Law - 312 pages
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The role of law in government has been increasingly scrutinized as courts struggle with controversial topics such as assisted suicide, euthanasia, abortion, capital punishment, and torture. Reflections on Life, Death, and the Constitution explores such issues by using classical standards of morality as a starting point for understanding them. Drawing on works of literature and philosophy, and on U.S. Supreme Court decisions, George Anastaplo examines the intimate relationship between human nature and constitutional law.
 

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Contents

1 On Understanding the Others
3
2 Life and NotLife in Thucydides Funeral Orations
12
3 Death and Resurrection in Euripides Bacchae
17
4 Ressurection and Death in Everyman
25
5 John Milton and the Limits of the Garden of Edene
31
6 Human Mortality and the Declaration of Independence
40
7 Time and the Constitution
46
8 Fyodor Dostoyevsky and the Modern Project
52
7 Capital Punishment Reconsidered
147
8 Nancy Cruzan and The Right to Die
156
9 Washington v Glucksberg 1997 and Assisted Suicide
165
10 The Legislation of Morality and the Problem of Pain
172
11 Evolution and the Law
180
12 Life and Death in Abraham Lincolns Gettysburg Address
193
13 The Unseemly Fearfulness of Our Time
199
Appendix A
205

9 Public Health and Private Consciences
58
10 The Flag Salute Cases 1940 1943
65
11 Conscientious Objectors and Military Conscription
74
12 Obliteration Bombing Civilian Casualties and the Laws of War
82
13 Do All Somehow Aim at the Good?
91
1 Shakespeares Hamlet and the Elusiveness of the Good
99
2 Unconventional Religious Duties and the Good Life
104
3 Griswold v Connecticut 1965 and the Prevention of Conception
115
4 Roe v Wade 1973 and the Law of Abortion
122
5 Planned Parenthood v Casey 1992 and the Persistence of the Abortion Issue
129
6 Capital Punishment and the United States Supreme Court
138
Appendix B
209
Appendix C
221
Appendix D
231
Appendix E
238
Appendix F
242
Appendix G
249
Appendix H
250
Appendix I
251
Appendix J
279
Index
285
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About the author (2009)

George Anastaplo is professor of law at Loyola School of Law and lecturer in liberal arts at the University of Chicago. He is the author of numerous books, including Reflections on Constitutional Law and Reflections on Freedom of Speech and the First Amendment.

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