Moral Readings of the Court
Discrimination Cases in the U.S. Supreme Court
Bibliographic Data
| ID | 7985525 |
|---|---|
| Authors | Bradley S Chilton (The University of Texas at El Paso, corresponding author), Viviane E Foyou (The University of Texas at El Paso), Stephen M King (0000-0002-5484-5530, Regent University) |
| Year | 2018 |
| Volume | 20 |
| Issue | 6 |
| Pages | 571-594 |
| Publication date | 2018-11-02 |
| 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 | 10.1080/10999922.2018.1433423 |
| OpenAlex | W2800951110 |
| Language | EN |
| Citations received | 1 |
| References cited | 50 |
What moral readings characterize contemporary U.S. Supreme Court opinions on discrimination by race; ethnicity; religion; gender; sexuality; and disabilities? John Rohr and the Constitutional School of Public Administration scholars have analyzed the Supreme Court’s decisions for moral insights in public affairs. The authors sought to take a modest step with analysis based on a more nuanced, empirical moral reading of the Court’s cases. First, the authors critiqued the case-study method of the Constitutional School, comparing these with moral readings of the Court’s opinion, including moral justifications that are teleological and nonteleological. Second, the authors analyzed selected opinions by the contemporary Supreme Court on discrimination by race; ethnicity; religion; gender; sexuality; and disabilities. Third, the authors analyzed patterns of teleological (utilitarian or virtue) and nonteleological (deontological) moral justifications and concluded the Supreme Court ordinarily uses ethical arguments, often teleological (utilitarian), with nonteleological (deontological) justifications in cases of perceived injustice. Virtue moral justifications are rare: only with a nonvirtuous litigant. Thus, the authors meld a more nuanced, empirical moral reading with the traditional case-study method of the Constitutional School of Public Administration, without assuming appeal to some universal moral faculty—instead deferring to each person in accepting or rejecting these moral justifications
Appeal · Deontological ethics · Injustice · Majority opinion · Political science · Sociology · Supreme court · Teleology · Virtue · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Law, Rights, and Freedoms
Civil Rights in Public Service
Introduction to the study of public administration.
The Supreme Court and the Attitudinal Model Revisited
The Roosevelt Court
After Virtue
Language in the Legal Process
The tempting of America
A Good and Faithful Servant
Critiquing John Rohr
Constitutional Fate
Storm Center
The Constitution, the Courts, and Human Rights
Celebrating the Ideas and Contributions of John A. Rohr
Constitutional Jurisprudence
John Rohr’s Concept of Regime Values
Contemporary Constitutional Lawmaking
Law without Values
The Rehnquist Court and the Constitution
The Legacy of Oliver Wendell Holmes, Jr
The Hollow Hope
Taking Rights Seriously
Big Questions in Administrative Ethics
Toward a Constitutional School for American Public Administration
Legitimacy, History, and Logic
Civil Liberties and the American Supreme Court
The Study of Administration
Prophets without Honor
Three Forms of Political Ethics
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,25 |
| Citation span | 2022 - 2022 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |