The State of Constitutional Theory in U.S. Law Schools in the 2000s

The State of Constitutional Theory in U.S. Law Schools in the 2000s NEW APPROACHES TO CONSTITUTIONAL THEORY Mark Tushnet For a period running from the late 1960s to the early 1990s, Under that approach, courts were to identify and rectify obstrucconstitutional theory in U.S. law schools dealt almost entirely tions in the processes of democratic representation, and then with constitutional interpretation by the courts. Legal scholars' stand aside. According to Ely, this approach reconciled vigorous obsession with interpretive theory arose from the political cirjudicial review -- within its proper domain -- with democratic cumstances of their scholarship. Conservative legal activists cast self-governance, by using the courts to purify the processes of their challenge to the Warren Court's liberal decisions not (simdemocratic representation without supervising the outcome of ply) in terms of disagreement with the results, but in terms of the truly democratic processes. The second popular approach was illegitimacy of the interpretive techniques the Warren Court Ronald Dworkin's invocation of moral and political philosophy used. According to conservatives, the only method of constituto interpret the Constitution's rights-protecting provisions, tional interpretation that could confer legitimacy on the Court's which, after all, did use terms familiar to philosophers. decisions was one that focused almost entirely on the original The disputes between the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Good Society Penn State University Press

The State of Constitutional Theory in U.S. Law Schools in the 2000s

The Good Society, Volume 13 (2) – Jun 1, 2004

Loading next page...
 
/lp/penn-state-university-press/the-state-of-constitutional-theory-in-u-s-law-schools-in-the-2000s-0zTJsUfL7j
Publisher
Penn State University Press
Copyright
Copyright © 2004 by The Pennsylvania State University.
ISSN
1538-9731
Publisher site
See Article on Publisher Site

Abstract

NEW APPROACHES TO CONSTITUTIONAL THEORY Mark Tushnet For a period running from the late 1960s to the early 1990s, Under that approach, courts were to identify and rectify obstrucconstitutional theory in U.S. law schools dealt almost entirely tions in the processes of democratic representation, and then with constitutional interpretation by the courts. Legal scholars' stand aside. According to Ely, this approach reconciled vigorous obsession with interpretive theory arose from the political cirjudicial review -- within its proper domain -- with democratic cumstances of their scholarship. Conservative legal activists cast self-governance, by using the courts to purify the processes of their challenge to the Warren Court's liberal decisions not (simdemocratic representation without supervising the outcome of ply) in terms of disagreement with the results, but in terms of the truly democratic processes. The second popular approach was illegitimacy of the interpretive techniques the Warren Court Ronald Dworkin's invocation of moral and political philosophy used. According to conservatives, the only method of constituto interpret the Constitution's rights-protecting provisions, tional interpretation that could confer legitimacy on the Court's which, after all, did use terms familiar to philosophers. decisions was one that focused almost entirely on the original The disputes between the

Journal

The Good SocietyPenn State University Press

Published: Jun 1, 2004

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create folders to
organize your research

Export folders, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off