In Reinventing American Jurisprudence: Law through the Lens of Value,
George David Miller and Laura Brown unfurl an original approach to
value and an imaginative landscape in philosophy of law. Value
essentialism identifies value formations such as a sacred cow and
scapegoat tandem and the intensification of “oughtness” as it
approaches sacred zenith values. Readers learn how Occam’s razor has
been responsible for the death of many ideas; how the celebrated Other
gains nuance as near and remote; and where a spectral assessment of
probability and necessity leads. Analyses of Supreme Court cases grow
out in different and exciting directions. Buck was not about eugenics,
but another iteration of the value of efficiency and Yo Wick was
decided less on law and more on a justice’s finding humanity in
Chinese laundry mat proprietors. Lochner involved not an ideological
binary but three distinct value schemes. “Separate but equal” was
refined as parallelism and exploitative tangents. In Brown, the
Fourteenth Amendment took a significant subjective turn. In Heller,
the communitarian position of stopping violence before it began could
be contrasted with the individualistic position of waiting until you
see the whites of their eyes in your bedroom. Citizens United was
distilled into the question: was the First Amendment designed to
maximize participation or maximize democracy?
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Law through the Lens of Value
Produktdetaljer
ISBN
9781793639417
Publisert
2021
Utgave
1. utgave
Utgiver
Bloomsbury USA
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter