Constitutional Conscience and Plural Ethical Directionality
Bibliographic Data
| ID | 6112423 |
|---|---|
| Authors | Bradley S Chilton (The University of Texas at El Paso, corresponding author), Stephen M King (0000-0002-5484-5530, Regent University) |
| Year | 2022 |
| Volume | 24 |
| Issue | 1 |
| Pages | 18-32 |
| Publication date | 2022-01-02 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Public Integrity (JOURNAL) |
| Journal identifiers | ISSN: 1558-0989 • E-ISSN: 1099-9922 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10999922.2020.1838131 |
| OpenAlex | W3149623994 |
| Language | EN |
| References cited | 25 |
From the landmark work by John Rohr, Ethics for Bureaucrats, the authors seek to take a step in furthering moral readings of the Supreme Court for public administrators. While Rohr and the Constitutional School brought in constitutional case-law study, it doesn’t seem to promote ethical reflection and has little impact on the growing crisis of ethics in public service. The paper posits a more systematic moral reading of constitutional law, developing an empirical, grounded understanding of teleological (utilitarian and virtue) and non-teleological (deontology) moral justifications in contemporary Supreme Court decisions on discrimination in public affairs. An applied plural ethical directionality model is constructed from this grounded, empirical approach to depict the content analysis of Court moral justification rhetoric, the overlapping nature of moral justification types, and cleavages. The contemporary Court usually employs teleological utilitarian moral justifications in its opinion-writing, with non-teleological moral justifications only in some cases of majoritarian injustice. Virtue moral justifications are rarely found–speculated in cases of segregation–and only hinted with litigants of bad character. The applied plural ethical directionality model suggests predictable choices for moral justifications
Consequentialism · Deontological ethics · Epistemology · Law and economics · Political science · Sociology · Supreme court · Teleology · Judicial and Constitutional Studies · Law · Law in Society and Culture · Legal Education and Practice Innovations · Philosophy
Civil Rights in Public Service
The Supreme Court and the Attitudinal Model Revisited
The Roosevelt Court
Language in the Legal Process
Critiquing John Rohr
John Rohr’s Concept of Regime Values
Moral Readings of the Court
Taking Rights Seriously
Big Questions in Administrative Ethics
Toward a Constitutional School for American Public Administration
Civil Liberties and the American Supreme Court
Alexander Hamilton's Public Administration
| Citation velocity | historical |
|---|---|
| Highly cited | No |