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The Moral Reading As A Practice: A Response To Three Comments On Fidelity To Our Imperfect Constitution, James E. Fleming
The Moral Reading As A Practice: A Response To Three Comments On Fidelity To Our Imperfect Constitution, James E. Fleming
Faculty Scholarship
In recent years, many originalists have claimed a monopoly on concern for fidelity in constitutional interpretation. In my book, Fidelity to Our Imperfect Constitution, 1 I reject originalisms—whether old or new, concrete or abstract, living or dead. Instead, I defend what Ronald Dworkin called a “moral reading” of the United States Constitution, or a “philosophic approach” to constitutional interpretation. I refer to conceptions of the Constitution as embodying abstract moral and political principles—not codifying concrete historical rules or practices—and of interpretation of those principles as requiring normative judgments about how they are best understood—not merely historical research to discover relatively …
The New Eliminativism, Michael S. Green
A Hedgehog's Unity Of Value, Joseph Raz
A Hedgehog's Unity Of Value, Joseph Raz
Faculty Scholarship
The paper examines various interpretations of Dworkin’s thesis of the Unity of Value, as expressed and defended in his book Justice for Hedgehogs. Dworkin’s arguments for various aspects of his unity of value thesis are relied on in interpreting the which is then compared with versions of value pluralism.