Kent Greenawalt's Books

Statutory and Common Law Interpretation

By: Kent Greenawalt

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Statutory and Common Law Interpretation

By: Kent Greenawalt

Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.

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402

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Oxford University Press

Published Date

ISBN 10

0199756147

ISBN 13

9780199756148

Legal Interpretation

Perspectives from Other Disciplines and Private Texts

By: Kent Greenawalt

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Legal Interpretation

Perspectives from Other Disciplines and Private Texts

By: Kent Greenawalt

In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalt's meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.

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368

Publisher

Oxford University Press

Published Date

ISBN 10

0190207965

ISBN 13

9780190207960

Realms of Legal Interpretation

Core Elements and Critical Variations

By: Kent Greenawalt

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Realms of Legal Interpretation

Core Elements and Critical Variations

By: Kent Greenawalt

In Realms of Legal Interpretation, Kent Greenawalt focuses on how courts decide what is legally forbidden or authorized, and how context shapes their decisions. The problem, he argues, is that we do not, and never have, agreed exist on all the details of the standards United States judges should employ--like everyone else, judges have different ideas of what constitutes good common sense.

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185

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Oxford University Press

Published Date

ISBN 10

0190882867

ISBN 13

9780190882860

Interpreting the Constitution

By: Kent Greenawalt

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Interpreting the Constitution

By: Kent Greenawalt

Kent Greenawalt's Interpreting the Constitution combines a generalized account of the various approaches to interpretation with an examination of the major domains of American constitutional law. The third and capstone volume of his landmark series on legal interpretation, he utilizes numerous individual examples of decisions to illustrate his argument, which in combination demonstrate that his argument is undeniably in accord with the continuing practice of the United States Supreme Court over time. The book's central thesis is that strategies of constitutional interpretation cannot be simple and that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and which is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what the enactors' aims were matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes, what modern citizens understand becomes ever more important, diminishing the significance of original understanding. Simple versions of textualist originalism do not reflect changes in understanding over time and are therefore not really supportable. The focus on specific provision shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1965. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the particular issues at hand. How much deference judges should accord political actors also depends critically on the kind of issue involved. At once sweeping in scope and analytically powerful, this final volume cements Greenawalt's legacy as one of the leading legal scholars of this era"--Unedited summary from book jacket.

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Page Count

513

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0199756155

ISBN 13

9780199756155

Religious Convictions and Political Choice

By: Kent Greenawalt

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Religious Convictions and Political Choice

By: Kent Greenawalt

How far may Americans properly rely on their religious beliefs when they make and defend political decisions? For example, are ordinary citizens or legislators doing something wrong when they consciously allow their decisions respecting abortion laws to be determined by their religious views? Despite its intense contemporary relevance, the full dimensions of this issue have until now not been thoroughly examined. Religious Convictions and Political Choice represents the first attempt to fill this gap. Beginning with an account of the basic premises of our liberal democracy, Greenawalt moves to a comparison between rational secular grounds of decision and grounds based on religious convictions. He discusses particular issues such as animal rights and abortion, showing how religious convictions can bear on an individual's decisions about them, and inquires whether reliance on such convictions is compatible with liberal democratic premises. In conclusion, he argues that citizens cannot be expected to rely exclusively on rational, secular grounds.

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282

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0195067797

ISBN 13

9780195067798

From the Bottom Up

Selected Essays

By: Kent Greenawalt

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From the Bottom Up

Selected Essays

By: Kent Greenawalt

Kent Greenawalt's From the Bottom Up constitutes a collection of articles and essays written over the last five decades of his career. They cover a wide range of topics, many of which address ties between political and moral philosophy and what the law does and should provide. A broad general theme is that in all these domains, what really is the wisest approach to difficult circumstances often depends on the particular issues involved and their context. Both judges and scholars too often rely on abstract general formulations to provide answers. A notable example in political philosophy was the suggestion of the great and careful scholar, John Rawls, that laws should be based exclusively on public reason. The essays explain that given uncertainty of what people perceive as the line between public reason and their religion convictions, the inability of public reason to resolve some difficulty questions, such as what we owe to higher animals, and the feeling of many that their religious understanding should count, urging exclusive reliance on public reason is not a viable approach. Other essays show similar problems with asserted bases for legal interpretations and the content of provisions such as the First Amendment.

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545

Publisher

Oxford University Press

Published Date

ISBN 10

0190606940

ISBN 13

9780190606947

Does God Belong in Public Schools?

By: Kent Greenawalt

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Does God Belong in Public Schools?

By: Kent Greenawalt

Controversial Supreme Court decisions have barred organized school prayer, but neither the Court nor public policy exclude religion from schools altogether. In this book, one of America's leading constitutional scholars asks what role religion ought to play in public schools. Kent Greenawalt explores many of the most divisive issues in educational debate, including teaching about the origins of life, sex education, and when--or whether--students can opt out of school activities for religious reasons. Using these and other case studies, Greenawalt considers how to balance the country's constitutional commitment to personal freedoms and to the separation of church and state with the vital role that religion has always played in American society. Do we risk distorting students' understanding of America's past and present by ignoring religion in public-school curricula? When does teaching about religion cross the line into the promotion of religion? Tracing the historical development of religion within public schools and considering every major Supreme Court case, Greenawalt concludes that the bans on school prayer and the teaching of creationism are justified, and that the court should more closely examine such activities as the singing of religious songs and student papers on religious topics. He also argues that students ought to be taught more about religion--both its contributions and shortcomings--especially in courses in history. To do otherwise, he writes, is to present a seriously distorted picture of society and indirectly to be other than neutral in presenting secularism and religion. Written with exemplary clarity and even-handedness, this is a major book about some of the most pressing and contentious issues in educational policy and constitutional law today.

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Page Count

271

Publisher

Princeton University Press

Published Date

ISBN 10

1400826276

ISBN 13

9781400826278

Private Consciences and Public Reasons

By: Kent Greenawalt

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Private Consciences and Public Reasons

By: Kent Greenawalt

This book addresses problems such as: what bases should officials and citizens employ in reaching political decisions and justifying their positions? Should they feel free to rely on whatever grounds seem otherwise persuasive to them, like religious convictions, or should they restrict themselves to "public reasons.

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238

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Oxford University Press, USA

Published Date

ISBN 10

0195094190

ISBN 13

9780195094190

Exemptions

Necessary, Justified, Or Misguided?

By: Kent Greenawalt

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Exemptions

Necessary, Justified, Or Misguided?

By: Kent Greenawalt

Should laws apply to everyone, or should some people be exempt because of conflicting religious or moral convictions? Through a close study of several cases, from abortion to taxes, Kent Greenawalt demonstrates how to weigh competing values without losing sight of practical considerations like the difficulty of implementing a specific law.

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Page Count

287

Publisher

Harvard University Press

Published Date

ISBN 10

0674659872

ISBN 13

9780674659872

When Free Exercise and Nonestablishment Conflict

By: Kent Greenawalt

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When Free Exercise and Nonestablishment Conflict

By: Kent Greenawalt

The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.

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305

Publisher

Harvard University Press

Published Date

ISBN 10

0674972201

ISBN 13

9780674972209

Law and Objectivity

By: Kent Greenawalt

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Law and Objectivity

By: Kent Greenawalt

A third involves appropriate levels of generality for legal standards, and the claim of some feminists that in its abstractness and generality the law is overly "masculine.

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Page Count

301

Publisher

Oxford University Press

Published Date

ISBN 10

0195098331

ISBN 13

9780195098334

Religion and the Constitution

By: Kent Greenawalt

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Religion and the Constitution

By: Kent Greenawalt

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478

Publisher

Princeton University Press

Published Date

ISBN 10

0691125821

ISBN 13

9780691125824

Conflicts of Law and Morality

By: Kent Greenawalt

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Conflicts of Law and Morality

By: Kent Greenawalt

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.

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396

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0195058240

ISBN 13

9780195058246

Religion and the Constitution, Volume 2

Establishment and Fairness

By: Kent Greenawalt

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Religion and the Constitution, Volume 2

Establishment and Fairness

By: Kent Greenawalt

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

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568

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Princeton University Press

Published Date

ISBN 10

1400828236

ISBN 13

9781400828234

Religion and the Constitution, Volume 1

Free Exercise and Fairness

By: Kent Greenawalt

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Religion and the Constitution, Volume 1

Free Exercise and Fairness

By: Kent Greenawalt

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

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Page Count

470

Publisher

Princeton University Press

Published Date

ISBN 10

1400827523

ISBN 13

9781400827527

From the Bottom Up

Selected Essays

By: Kent Greenawalt

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From the Bottom Up

Selected Essays

By: Kent Greenawalt

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545

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Oxford University Press

Published Date

ISBN 10

0190606940

ISBN 13

9780190606947

Interpreting the Constitution

By: Kent Greenawalt

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Interpreting the Constitution

By: Kent Greenawalt

This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The book's central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors' aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.

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512

Publisher

Oxford University Press

Published Date

ISBN 10

0190606479

ISBN 13

9780190606473

Religion and the Constitution, Volume 1

Free Exercise and Fairness

By: Kent Greenawalt

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Religion and the Constitution, Volume 1

Free Exercise and Fairness

By: Kent Greenawalt

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

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470

Publisher

Princeton University Press

Published Date

ISBN 10

1400827523

ISBN 13

9781400827527

When Free Exercise and Nonestablishment Conflict

By: Kent Greenawalt

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When Free Exercise and Nonestablishment Conflict

By: Kent Greenawalt

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305

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Harvard University Press

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ISBN 10

0674978005

ISBN 13

9780674978003

Religion and the Constitution, Volume 2

Establishment and Fairness

By: Kent Greenawalt

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Religion and the Constitution, Volume 2

Establishment and Fairness

By: Kent Greenawalt

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568

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Princeton University Press

Published Date

ISBN 10

1400828236

ISBN 13

9781400828234

Conflicts of Law and Morality

By: Kent Greenawalt

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Conflicts of Law and Morality

By: Kent Greenawalt

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study, a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash, views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not to obey the penal code; and that of the people who make and uphold laws and must decide whether to treat someone with a moral claim to disobey differently from ordinary lawbreakers. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws. He also discusses techniques of amelioration of punishment for conscientious lawbreakers, asking how far legal systems should go to accommodate individuals who break the law for reason of conscience. Drawing from numerous examples of conflicts between law and morality, Greeawalt illustrates in detail the positions and predicaments of potential lawbreakers and lawmakers alike.

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396

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Oxford University Press

Published Date

ISBN 10

0195363299

ISBN 13

9780195363296

Realms of Legal Interpretation

Core Elements and Critical Variations

By: Kent Greenawalt

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Realms of Legal Interpretation

Core Elements and Critical Variations

By: Kent Greenawalt

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185

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Oxford University Press

Published Date

ISBN 10

0190882867

ISBN 13

9780190882860

Private Consciences and Public Reasons

By: Kent Greenawalt

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Private Consciences and Public Reasons

By: Kent Greenawalt

Within democratic societies, a deep division exists over the nature of community and the grounds for political life. Should the political order be neutral between competing conceptions of the good life or should it be based on some such conception? This book addresses one crucial set of problems raised by this division: What bases should officials and citizens employ in reaching political decisions and justifying their positions? Should they feel free to rely on whatever grounds seem otherwise persuasive to them, like religious convictions, or should they restrict themselves to "public reasons," reasons that are shared within the society or arise from the premises of liberal democracy? Kent Greenawalt argues that fundamental premises of liberal democracy alone do not provides answers to these questions, that much depends on historical and cultural contexts. After examining past and current practices and attitudes in the United States, he offers concrete suggestions for appropriate principles relevant to American society today. This incisive and timely analysis by one of our leading legal philosophers should attract a wide and diverse readership of scholars, practitioners, and concerned citizens.

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238

Publisher

Oxford University Press

Published Date

ISBN 10

0195357477

ISBN 13

9780195357479

Religious Convictions and Political Choice

By: Kent Greenawalt

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Religious Convictions and Political Choice

By: Kent Greenawalt

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282

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Oxford University Press, USA

Published Date

ISBN 10

0195067797

ISBN 13

9780195067798

Natural Law and Contemporary Public Policy

By: David Forte

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Natural Law and Contemporary Public Policy

By: David Forte

Rooted in Western classical and medieval philosophies, the natural law movement of the last few decades seeks to rediscover fundamental moral truths. In this book, prominent thinkers demonstrate how natural law can be used to resolve a wide range of complex social, political, and constitutional issues by addressing controversial subjects that include the family, taxation, war, racial discrimination, medical technology, and sexuality. This volume will be of value to those working in philosophy, political science, and legal theory, as well as to policy analysts, legislators, and judges.

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Page Count

428

Publisher

Georgetown University Press

Published Date

ISBN 10

1589013794

ISBN 13

9781589013797

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