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Open Access. Powered by Scholars. Published by Universities.®

2006

Ethics

Mitchell Hamline School of Law

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Full-Text Articles in Law

Against Idols: The Court As A Symbol-Making Or Rhetorical Institution, Marie Failinger Jan 2006

Against Idols: The Court As A Symbol-Making Or Rhetorical Institution, Marie Failinger

Faculty Scholarship

Symbolic politics can be quite powerful. This article pursues the question of how the Supreme Court signifies itself, how it discovers and enacts the metaphors from which it will play its part in the American political drama aimed at containing some of the nightmares of human existence, while affirming and encouraging the possibilities for human flourishing. Embedded in this inquiry is the question of how the Court can signify itself while still preserving the truth-telling and humility necessary to legitimize Court decisions.