TITLE

MORALITY IN EIGHTH AMENDMENT JURISPRUDENCE

AUTHOR(S)
Moore, Michael S.
PUB. DATE
January 2008
SOURCE
Harvard Journal of Law & Public Policy;Winter2008, Vol. 31 Issue 1, p47
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article focuses on the role of moral reasoning in constitutional interpretation, analyzing this important factor in light of the Cruel and Unusual Punishment Clause of the Eighth Amendments of the U.S. Constitution. Three aspects of this subject are examined: first, whether constitutional interpretation should be value-free; second, what the sources of values might be for judges when they look to values in their constitutional interpretation; third, whether judges doing such interpretation should ever rely on their own valuations.
ACCESSION #
30072012

 

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