Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
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Page 36
... believe that the judge's predicament can be escaped by concluding that the legal right itself is a function of whatever morality requires . Of course the judge who does believe that , and acts accordingly , is not lacking in candor ...
... believe that the judge's predicament can be escaped by concluding that the legal right itself is a function of whatever morality requires . Of course the judge who does believe that , and acts accordingly , is not lacking in candor ...
Page 94
... believe that everything is in place . It is important to look , but I also believe that it is important to think , and that there is a crucial place in the profession of law for the theoretical . Professional training does try to ...
... believe that everything is in place . It is important to look , but I also believe that it is important to think , and that there is a crucial place in the profession of law for the theoretical . Professional training does try to ...
Page 372
... believe that constitution - making had a special status ; but their conception of normal politics , under the constitutional system that they devised , was a bit more lofty and ambitious than what Ackerman describes . Above all , they ...
... believe that constitution - making had a special status ; but their conception of normal politics , under the constitutional system that they devised , was a bit more lofty and ambitious than what Ackerman describes . Above all , they ...
Contents
Part I | 1 |
The Relevance of Theory to Recent Events | 10 |
The Judicial Function and the Idea of Principled | 17 |
Copyright | |
34 other sections not shown
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Common terms and phrases
American approach to constitutional argues argument aspirations Bork Bork's Cass Sunstein choice claim clause conception Congress conservative consti constitutional adjudication constitutional interpretation constitutional law constitutional theory constitutionally Critical Legal Studies critique debate decisionmaking decisions democracy democratic dissenting doctrine due process economic equal protection equal protection clause federal feminist Fiss Fourteenth Amendment framers fundamental gender governmental HARV individual rights interpretivism issues John Hart Ely judges judicial review jurisprudence Justice Laurence Tribe Law School legislative legislature liberal liberty majoritarian majority meaning ment Michelman moral neutral nonoriginalist norm original intent original understanding originalist overruling particular Perry perspective political pragmatism pragmatist President principles problem Professor question racial ratified reason Rehnquist republican Richard Richard Posner role rules Scalia scholars sex discrimination social society stare decisis structure substantive Sunstein Supreme Court Suzanna Sherry theorists tion tional tradition Tushnet tutional United vote women YALE L.J.
References to this book
To Secure These Rights: The Declaration of Independence and Constitutional ... Scott Douglas Gerber No preview available - 1996 |