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The Aretaic Turn In Constitutional Theory, Lawrence B. Solum

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“The Aretaic Turn in Constitutional Theory” argues that an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators.

Part I, “The Most Dysfunctional Branch,” advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions on particular issues and the fervor of their ideological passions.

Part II, “Institutionalism and Constitutional Interpretation,” engages Cass Sunstein …