MORAL CHOICES, MORAL TRUTH, AND THE EIGHTH AMENDMENT.

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    • Abstract:
      The article focuses on the proposition that legislative and political processes are more conducive to effective moral discourse than judicial process. Emphasis is given to moral issues arising from the enforcement of the U.S. Eight Amendment. The author presents arguments that uphold his proposition that moral tenets are purely subjective and cannot be approached by empirical means. He suggests that the legislature be entasked to direct the courts to decide which of the parties' cases is more plausible, thereby providing room for moral negotiations.