Disrespect as the Essence of Constitutional Right Violations

Wright, R. George

Journal: Cardozo Journal of Equal Rights & Social Justice

Volume: 28

First Page: 1

Year: 2021

Bluebook Citation: 28 CARDOZO J. EQUAL RTS. & SOC. JUST. 1 (2021)

Author: R. George Wright: all 93 publications


Abstract

The article posits that disrespect is a fundamental concept in understanding constitutional rights violations. It argues that the underlying logic and limits of constitutional rights are rooted in considerations of respect and disrespect, particularly respect for persons. The author contends that both intentional and unintentional disrespect can lead to constitutional violations, affecting various rights such as equal protection, free speech, and due process. The analysis draws on philosophical frameworks, including those of Kant and Rawls, to emphasize the centrality of respect in constitutional jurisprudence.

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