Morality in Eighth Amendment jurisprudence is but one aspect of a more general topic: the use of moral reasoning by judges in American constitutional interpretation. seeing the role of moral reasoning through the prism of the Eighth Amendment may help shed light on the more general topic because of three facts: a clear historical record about the Amendment, its frequent invocation in theoretical debates about morality and jurisprudence, and the way it has forced the Supreme Court to address morality directly in its opinions.
MORALITY IN EIGHTH AM
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"MORALITY IN EIGHTH AMENDMENT JURISPRUDENCE Michael S Moore Harvard Journal of Law and Public Policy Winter 2008 31 1 Docstoc pg 47 Reproduced with permission of the copyright owner F"Please download to view full document