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Articles 1 - 6 of 6
Full-Text Articles in Law
Second-Order Perfectionism, Cass R. Sunstein
The Fit Dimension, Abner S. Greene
Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky
Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
The Incredible Shrinking Constitutional Theory: From The Partial Constitution To The Minimal Constitution, James E. Fleming
The Incredible Shrinking Constitutional Theory: From The Partial Constitution To The Minimal Constitution, James E. Fleming
Fordham Law Review
No abstract provided.
Privacy, Minimalism, And Perfectionism, Charles A. Kelbley
Privacy, Minimalism, And Perfectionism, Charles A. Kelbley
Fordham Law Review
No abstract provided.
Government Of The Good , Abner S. Greene
Government Of The Good , Abner S. Greene
Faculty Scholarship
Webster's definition of the noun "good" begins: "something that possesses desirable qualities, promotes success, welfare, or happiness, or is otherwise beneficial." Whether government should promote the good, and in particular whether government should use its powers of persuasion-its "speech," if you will-to promote contested views of the good, is the subject of this Article. I will argue that, as a matter of political theory, government in a liberal democracy not only may promote contested views of the good, but should do so, as well. Further, nothing in our constitutional jurisprudence demands otherwise, assuming certain conditions are met. In taking these …