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Essay Galaxy - "Stop Seeking Certainty.." Minow's Response To Bork
"Stop Seeking Certainty.." Minow's Response To Bork
In considering the views of Robert Bork and Martha Minow, I am
impressed more by Minow. I will compare their respective views and
arguments in an effort to show why I prefer the arguments of Minow to those
of Bork. First though it is necessary to have a brief overview of Bork's
philosophy.
Bork is a firm believer in the originalist mode of Constitutional
interpretation. Many different scholars may have differing views as to the
meaning of the word originalism. Here, it is intended to define "an..
approach to constitutional adjudication that accords binding authority to
the text of the Constitution or the intentions of it's adopters" (Lyons, pp.
329). This view can be subdivided into two categories. Those categories
are the intention....
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Number Of Pages: 9 |
Number Of Words: 2210 |
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