Valuing Autonomy

16 Pages Posted: 19 Jul 2007 Last revised: 7 Feb 2011

See all articles by Youngjae Lee

Youngjae Lee

Fordham University School of Law

Abstract

This essay, written for the Symposium, Mimalism Versus Perfectionism in Constitutional Theory, focues on the place of autonomy in constitutional law, the core idea in James Fleming's brand of constitutional perfectionism. More specifically, this essay asks two questions. First, if Fleming is right that autonomy is a value that must be protected to "secure constitutional democracy," how should we make sense of our criminal justice system as a constitutional matter? Second, in understanding the scope of deliberative autonomy in constitutional law, does it make sense to see the Constitution, as Fleming does, as protecting "preconditions for persons' development and exercise of deliberative autonomy"? Or, should we think of the Constitution as going beyond protecting preconditions for exercise of autonomy and, in fact, making substantive judgments about what types of exercises of autonomy are worth protecting?

Keywords: autonomy, constitution, cannibalism, sexual autonomy, Armin Meiwes, right to die

Suggested Citation

Lee, Youngjae, Valuing Autonomy. Fordham Law Review, Vol. 75, p. 2973, May 2007, Available at SSRN: https://ssrn.com/abstract=1000465

Youngjae Lee (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
United States
212-636-7662 (Phone)

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