Rosen, Jeffrey
June 2008
Harvard Journal of Law & Public Policy;Summer2008, Vol. 31 Issue 3, p937
Academic Journal
The article discusses the relationship of originalism and pragmatism. The author stresses that the claim that either pragmatism or originalism can impose restraint on judges in the U.S. in hard cases is illusory. He urges people who support democracy to abandon the concepts of originalism and pragmatism and to accept a tradition of bipartisan judicial restraint. He argues that it is difficult to view pragmatism as a reliable constraint on judicial decision.


Related Articles

  • THE FOUR PILLARS OF CONSTITUTIONAL DOCTRINE. Sherry, Suzanna // Cardozo Law Review;Jan2011, Vol. 32 Issue 3, p969 

    The article elaborates the four fundamental principles of the U.S. constitutional doctrine. It recalls the legal analysis, judicial craftmanship, constitutional aspiration, and the human understanding. It provides a practical illustration of these essential pillars by using them to test the...

  • Democrats Go on the Activist Attack. Schlesinger, Robert // U.S. News Digital Weekly;7/17/2009, Vol. 1 Issue 26, p16 

    The article reports on the aggressiveness of U.S. Democratic senators on the issue of judicial activism, which has long been the conservative field of complaint. It is noted that judicial activism refers to use of decisions to create new laws from the bench and disregarding legal precedents. The...

  • CHAPTER VI. JUDICIAL POWER IN THE UNITED STATES, AND ITS INFLUENCE ON POLITICAL SOCIETY. de Tocqueville, Alexis // American Institutions & Their Influence;3/1/2006, p72 

    Chapter VI of the book "American Institutions and Their Influence," by Alexis de Tocqueville is presented. It discusses the judicial power in the U.S., and its influence on political society. It explains why the American judges have the right of declaring the laws to be unconstitutional. It then...

  • "ORIGINAL" MEANS OLD, "ORIGINAL" MEANS NEW: AN "ORIGINAL" LOOK AT WHAT "ORIGINALISTS" DO. Lloyd, Harold Anthony // National Lawyers Guild Review;Sep2010, Vol. 67 Issue 3, p135 

    The article discusses the method of constitutional interpretation preferred by reactionaries to tight linguistic and philosophical analysis in the U.S. It focuses on the methodological flaws as well as unavoidable logical incoherence originated from looking backward without expectation in...

  • Boumediene and the Uncertain March of Judicial Cosmopolitanism. Posner, Eric A. // Cato Supreme Court Review;2008, p23 

    The article presents the author's argument on the opinion of Justice Anthony Kennedy regarding the theory of separation of powers in the U.S. The author expresses that Kennedy's opinion does not center on separation of powers, rather, a commitment to protect the interest of noncitizens overseas....

  • Civic Education, the Rule of Law, and the Judiciary: "A Republic...If You can Keep it". Burnett, Don // Advocate (05154987);Feb2015, Vol. 58 Issue 2, p26 

    The article focuses on the role of the judiciary in U.S. government. Topics include the importance of judicial independence, Americans' public perception of the judiciary, and why the framers of the U.S. Constitution created a constitutional republic based on a representative government....

  • HOW DO JUDGES THINK? HARTZ, HARRIS L. // Denver University Law Review;2014, Vol. 91 Issue 3, p575 

    An essay is presented on how judges in America think, focusing on judicial power and judicial decision-making in the U.S., as well as information about a mandate of consistency in relation to the writing of judicial opinions. The personalities and psychological traits of various trial and...

  • Racial and Gender Diversity on State Courts. Reddick, Malia; Nelson, Michael J.; Caufield, Rachel Paine // Judges' Journal;Summer2009, Vol. 48 Issue 3, p28 

    The article presents a study conducted by the American Judicature Society in 2008 regarding achieving judicial diversity. The study aimed to identify the political circumstances in which minority and women judges would most probably be selected to state courts. Characteristics of judicial...

  • Breaking the Fourth Wall: Judicial Activism as Agency for Change in College Policy Debate. Salinas, Christopher D. // Conference Proceedings -- National Communication Association/Ame;2010, p433 

    An essay is presented on the role of critic-judge in the U.S. It finds that such role has changed in policy debate that has become a self-perpetuating ideological system, but that change has strengthened the problems stemming from an elitist ideology. It examines the influence of judicial...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics