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Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. In fusing these myriad components, Professor Richards argues against the notion of "interpretivism"--the view that constitutional interpretation is concerned exclusively with the text of the Constitution and the views of its authors--and contends that the best political theory is one in which courts are permitted use contractarian theory to decide about individual rights that are immunized from majoritarian control. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy to abortion and consensual adult sexual relations.

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Recent years have seen the development of a lively literature concerned with problems of constitutional interpretation. This ambitious and well-documented addition to the tradition by Richards (New York University), casts a wide net historically, philosophically, and substantively. It begins with an overview of various theories of constitutional interpretation but rejects as too limiting those that are ``clause-bound'' or grounded on the ``intent of the framers.'' In place of such partial theories Richards proposes a more eclectic ``contractarian'' theory rooted in the primacy of religious toleration and the inalienable right of conscience-ideas developed in John Locke's Letter Concerning Toleration (1689) and James Madison's ``Memorial and Remonstrance.'' This theory is then employed to clarify and critically evaluate evolving judicial doctrine and interpretative doctrine in the areas of religion, free speech, and privacy. In the process Richards makes a convincing case that his contractarian theory is a useful tool for the critical explication of basic constitutional values. Scholars and informed laypersons interested in the current debate on the rights of constitutional privacy will find Richards's discussion of abortion and consensual sexuality challenging and controversial as well as enlightening. Stimulating theoretical, historical, and legal scholarship, suitable for students and general readers.-E.C. Dreyer, University of Tulsa