Liberty, Property, and Privacy: Toward a Jurisprudence of Substantive Due Process

In This Book, Edward Keynes Examines The Fundamental-rights Philosophy And Jurisprudence That Affords Constitutional Protection To Unenumerated Liberty, Property, And Privacy Rights. He Is Critical Of The Failure Of The U.s. Supreme Court To Adopt A Coherent Theory For Identifying Which Rights Are To Be Considered Fundamental And How These Private Rights Are To Be Balanced Against The Public Interests That The Government Has A Duty To Articulate And Promote. Keynes Develops His Argument By First Surveying How Substantive Due Process Grew Out Of The Tradition Of Anglo-american Jurisprudence And Came To Evolve Over Time. He Pays Special Attention To The Shift In Its Application Early In The Twentieth Century, From Protecting &liberty Of Contract& Against Economic Regulation To Protecting &privacy& And Other Noneconomic Rights (as In Roe V. Wade) Against Social Regulation.