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Good Manners, Gay Rights And The Law, Keith J. Bybee
Good Manners, Gay Rights And The Law, Keith J. Bybee
College of Law - Faculty Scholarship
In this paper, I argue that the expansion of LGBT rights requires engagement with the common practices of courtesy that confer and reinforce social standing. In order to understand what this engagement with good manners might look like, I outline the basic features of common courtesy and illustrate how courtesy depends on a mix of utility, habit, and pleasure. I argue that if the practice of courtesy is to be re-appropriated, then all three of the factors that underwrite courtesy must be addressed. I also consider the general possibilities for re-configuring courtesy. And, in this vein, I suggest that the …
Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee
Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee
College of Law - Faculty Scholarship
In the United States, courts are publicly defined by their distance from politics. Politics is said to be a matter of interest, competition, and compromise. Law, by contrast, is said to be a matter of principle and impartial reason. This distinction between courts and politics, though common, is also commonly doubted - and this raises difficult questions. How can the courts at once be in politics yet not be of politics? If the judiciary is mired in politics, how can one be sure that all the talk of law is not just mummery designed to disguise the pursuit of partisan …