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Methods of InterpretationHow the Supreme Court Reads the Constitution$
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Lackland H. Bloom Jr

Print publication date: 2009

Print ISBN-13: 9780195377118

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195377118.001.0001

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Ethical Argument

Ethical Argument

(p.371) eleven Ethical Argument
Methods of Interpretation

Lackland H. Bloom

Oxford University Press

This chapter discusses the use of ethical argument by the Court. It examines the arguable employment of such methodology under the Cruel and Unusual Punishment Clause of the Eighth Amendment focusing on the death penalty and length of sentence cases. It then considers the use of this type of argument through substantive due process by examining punitive damage and the right to privacy cases. Finally, it discusses the concept of ethical argument in the reapportionment decisions.

Keywords:   ethical, Eighth Amendment, Cruel and Unusual Punishment, death penalty, length of sentence, Substantive Due Process, punitive damages, Right to Privacy, reapportionment

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