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Full-Text Articles in Law
Liberalism And The Establishment Clause, Steven H. Shiffrin
Liberalism And The Establishment Clause, Steven H. Shiffrin
Cornell Law Faculty Publications
Every political theory tolerates some things and not others. Every political theory promotes a particular kind of person even if it denies it is doing so. But the best liberalism does not confine itself to promoting a Rawlsian-tolerant citizen. Liberalism, like conservatism, has greater ambitions in the socialization of the young. The best liberalism, a neo-Millian liberalism, promotes a creative, independent, autonomous, engaged citizen and human being who works with others to make for a better society and speaks out against unjust customs, habits, institutions, traditions, hierarchies, and authorities.
Although government may promote a particular conception of the good life, …
The Value Of Dissent, Lawrence B. Solum
The Value Of Dissent, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay reviews Dissent, Injustice, and the Meanings of America by Steven H. Shiffrin (1999).
Theorizing about the freedom of speech has been a central enterprise of contemporary legal scholarship. The important contributions to the debate are simply far too numerous to categorize. One ambition of this theorizing is the production of a comprehensive theory of the freedom of expression, a set of consistent normative principles that would explain and justify First Amendment doctrine. Despite an outpouring of scholarly effort, the consensus is that free speech theory has failed to realize this imperial ambition. Rather than searching for the global …