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"Stop Seeking Certainty.." Minow's Response To Bork
Beginning of essay
Philosophy Of Law
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' ....
Middle of essay
.... view point.
Neither subdivision of the view of orginalism is very popular today, as is
evidenced by the fact that Bork was not confirmed by the Congress when he
was nominated for the Supreme Court. Bork argues that by reading the text,
and figuring out what the public understanding of the Constitution was at
the time of it's writing, we can discern what the Constitution actually
means. The problem here is obvious. It is very difficult to know what the
public understanding at the time of th.... |
| Number of words: 2211 |
Approximate pages: 9 |
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