Neglected Policies: Constitutional Law and Legal Commentary as Civic Education
Duke University Press, 6 בספט׳ 2002 - 280 עמודים
In Neglected Policies, Ira L. Strauber challenges scholars and critics of constitutional jurisprudence to think differently about the Constitution and its interpretation. He argues that important aspects of law, policies, and politics are neglected because legal formalisms, philosophical theories, the reasoning of litigators and judges, and even the role of the courts are too often taken for granted. Strauber advocates an alternative approach to thinking about the legal and moral abstractions ordinarily used in constitutional decision making. His approach, which he calls “agnostic skepticism,” interrogates all received jurisprudential notions, abandoning the search for “right answers” to legal questions. It demands that attention be paid to the context-specific, circumstantial social facts relevant to given controversies and requires a habit of mind at home with relativism.
Strauber situates agnostic skepticism within contemporary legal thought, explaining how it draws upon sociological jurisprudence, legal realism, and critical legal studies. Through studies of cases involving pornography, adoption custody battles, flag burning, federalism, and environmental politics, he demonstrates how agnostic skepticism applies to constitutional issues. Strauber contends that training in skeptical critique will enable a new kind of civic education and culture—one in which citizens are increasingly tolerant of the ambiguities and contradictions inherent in the law and politics of a pluralistic society.
Using insights from the social sciences to examine the ways constitutional cases are studied and taught, Neglected Policies will interest scholars of jurisprudence, political science, and the sociology of law.
מה אומרים אנשים - כתיבת ביקורת
לא מצאנו ביקורות במקומות הרגילים
The Purposes of an Interpretive Community
An Efficacious Enemy
13 קטעים אחרים שאינם מוצגים
מהדורות אחרות - הצג הכל
abortion abstractions agnostic skepticism agnosticism analysis argue arguments biological Brennan Casey Chief Justice citizens civic education claims Clause cognitive dissonance Commerce Clause conception conflict consequentialist consequentialist considerations constitutional context critical legal studies democratic doctrinal Dworkin economic efficacious environmental extent federal flag burning habit of mind Harvard Law Review ideas ideology of involvement indeterminacy intellectual jurisprudence Internet interpretive community issues judges judicial law and politics law's formalisms League of Women legal and political legal formalisms legal realism legal reasoning liberal liberal-democratic litigation and adjudication marketplace formalism McCulloch middle course neglected politics opinions ordered liberty plain politics political theory politically sufficient commentary politics and policies pornography practical principles protect public broadcasting regulations Rehnquist rejectionism rejectionist relations requires rightly decided question role rule of law scholars sexual social fact considerations solace sovereignty interests Stanley Fish strict scrutiny teachers and critics Tenth Amendment tion Tushnet underdeterminacy Unger Women Voters