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Slavery, Abortion, and the Politics of Constitutional Meaning, by Justin Buckley Dyer
PDF Download Slavery, Abortion, and the Politics of Constitutional Meaning, by Justin Buckley Dyer
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For the past forty years, prominent pro-life activists, judges and politicians have invoked the history and legacy of American slavery to elucidate aspects of contemporary abortion politics. As is often the case, many of these popular analogies have been imprecise, underdeveloped and historically simplistic. In Slavery, Abortion, and the Politics of Constitutional Meaning, Justin Buckley Dyer provides the first book-length scholarly treatment of the parallels between slavery and abortion in American constitutional development. In this fascinating and wide-ranging study, Dyer demonstrates that slavery and abortion really are historically, philosophically and legally intertwined in America. The nexus, however, is subtler and more nuanced than is often suggested, and the parallels involve deep principles of constitutionalism.
- Sales Rank: #896229 in eBooks
- Published on: 2013-03-31
- Released on: 2013-05-10
- Format: Kindle eBook
Review
"I cannot think of another scholarly book that addresses the abortion/slavery analogy in such a comprehensive manner. Professor Dyer skillfully ties the rhetorical use of the slavery analogy in the abortion debate to the substantive philosophical and legal questions on which the debates over slavery and abortion hinge. This analysis of the conceptual parallels between the pro-life and anti-slavery movements is fascinating. Sometimes, the best way to understand one's present situation is to look for analogous cases elsewhere - either in the past or in the present - about which there seems to be clarity." - Francis Beckwith, Professor of Philosophy & Church-State Studies, Baylor University
"Many writers have noticed similarities between the arguments for slavery and for abortion, but Dyer, an authority on antebellum slavery jurisprudence, breaks entirely new ground. The parallels he demonstrates between the respective judicial approaches of the advocates of these two evils are deep, detailed, and breathtaking. An especially interesting feature of the book is his analysis of the devastation wrought by the rejection of natural law. His work will be indispensable not only for scholars of history, law, and politics, but for anyone who seeks to understand how the basic institutions of civilization are subverted by the effort to rationalize atrocity." - J. Budziszewski, University of Texas, Austin, author of The Line Through the Heart: Natural Law as Fact, Theory, and Sign of Contradiction
"As Justin Buckley Dyer shows in Slavery, Abortion, and the Politics of Constitutional Meaning, disturbing parallels exist between the debate over slavery before the Civil War and the debate over abortion now ... Dyer's assertion of the moral foundation of America may be difficult to enact, but that does not make it false." - Andrew Evans, The Washington Free Beacon
About the Author
Justin Buckley Dyer is an Assistant Professor in the Department of Political Science at the University of Missouri, Columbia. He received a BA in political science and an MPA from the University of Oklahoma, and an MA and PhD in government from the University of Texas, Austin. Dyer's research has been published in Polity, the Journal of Politics, PS: Political Science and Politics, Politics and Religion, and Perspectives on Political Science. He is the author of Natural Law and the Antislavery Constitutional Tradition (Cambridge University Press, 2012) and the editor of American Soul: The Contested Legacy of the Declaration of Independence (2012).
Most helpful customer reviews
9 of 9 people found the following review helpful.
A solid work of scholarship
By a theologian in Texas
Pro-life advocates often claim that there is an analogy between slavery and abortion, in that both involve viewing certain human beings as inferior in value and as controllable property. Pro-choice advocates usually wave off this sort of comparison as absurd. This book makes the waving off more difficult, as it builds a careful case for the reasonableness of the analogy, drawing on the author's extensive knowledge of American history and in particular the history of the Supreme Court's reflections on basic constitutional questions. Dyer suggests that the cultural struggle over abortion, which he calls 'constitutional disharmony after Roe,' results from our uneasiness over the meaning of the 14th amendment. How could an amendment that was used to expand the realm of rights in the 19th century be used to contract the realm of rights in the 20th? My only complaint about the book is that it could have provided a fuller narrative of the slow transformation in legal philosophy that made Roe possible, but perhaps the author did not think that was necessary because it had already been done by Hadley Arkes in Natural Rights and the Right to Choose. Overall, I recommend this book highly, not just to pro-lifers but also to pro-choicers because the latter need to know what they are up against in the realm of ideas.
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