Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 19
... opinion is more suggestive of a typical justificatory procedure . Turning by way of analogy to the example of the scientist it is one thing to read a judicial opinion as a report of why or how the judge " hit upon " the decision and ...
... opinion is more suggestive of a typical justificatory procedure . Turning by way of analogy to the example of the scientist it is one thing to read a judicial opinion as a report of why or how the judge " hit upon " the decision and ...
Page 36
... opinions . This reduction can occur , or course , only if circulated drafts are taken seriously by the other members of the Court and if , in turn , the opinion writer seeks to accommodate the objections and suggestions of others . To ...
... opinions . This reduction can occur , or course , only if circulated drafts are taken seriously by the other members of the Court and if , in turn , the opinion writer seeks to accommodate the objections and suggestions of others . To ...
Page 37
... opinion reflecting shared agreement is , after all , not a demand for impossible perfection . The premises of our legal system do assume that in practice an adequately principled opinion is a generally achiev- able goal , and in any ...
... opinion reflecting shared agreement is , after all , not a demand for impossible perfection . The premises of our legal system do assume that in practice an adequately principled opinion is a generally achiev- able goal , and in any ...
Contents
Part I | 1 |
The Relevance of Theory to Recent Events | 10 |
The Judicial Function and the Idea of Principled | 17 |
Copyright | |
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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 |